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Being one of nine unelected superlegislators with a lifetime appointment has always made Neil Gorsuch a bit of a prig. And his recent comments at the 25th annual Burton Awards in Washington, D.C., show just how highly he thinks of himself and his contemporaries on the Supreme Court.
He began by comparing SCOTUS post-oral argument life to that of his college-age daughter, “Her life and mine looked pretty similar at the time. All the classes have been attended and you’ve heard all the arguments and you’ve read all the materials you’re supposed to read, and now you have to produce the work.” So, she’s also about to take rights away from millions of Americans in an effort to transform the country into a right-wing hellscape? That’s a lot on the shoulders of a college kid. Oh, no — he just meant its “term paper time.”
Hm.
Anyway, Gorsuch then went on to say his colleagues on the Supreme Court are a “blessing” to “the American people.” Yeah, the rising maternal mortality rate post-Dobbs decision says otherwise. But rather than look at the impact the current Court is having on the lives of people in this country, he’s talking about writing style. Sure, Neil, way to miss the forest looking at all those trees.
As reported by Law360, he said:
“This may be one of the best Supreme Courts in terms of writers that the nation has seen in its history,” Justice Gorsuch said. “I’ve got colleagues who are, I think, capable of explaining incredibly complex legal jargon in clear and accessible terms that frankly is a blessing, I think, to the American people.”
Listen, Elena Kagan’s cleverness is certainly enjoyable for Court watchers, but *best* is a pretty high standard.
Also, you have to wonder… is Gorsuch trying to be haunted by the ghost of Antonin Scalia? He’s already wrongfully in the seat Scalia once occupied, but even those who abhor the late justice’s jurisprudence have to admit the man could turn a phrase. Not to mention the historically good writing of Oliver Wendell Holmes, Jr., Benjamin Cardozo, Ruth Bader Ginsburg, and the Justices Marshall (John and Thurgood) outstrips the piss-poor historical pseudo analysis of the current Court.
But that wasn’t even the most galling aspect of Gorsuch’s comments! He went to bat for originalism (not a surprise) but it’s *how* he did it that really irks. Every accusation Gorsuch makes about alternatives to originalism are admissions about the problems with originalism.
“Do you really want me to do what I think is best for you?” Justice Gorsuch asked. “Or do you want me, maybe, to look at the laws adopted by the people’s elected representatives or pursuant to the Constitution ratified by the American people as amended, and try my best to interpret those legal documents as they were originally understood?”
Because WHAT A COINKYDINK, the founders’ original understanding of the constitution JUST HAPPENS to align perfectly with current right-wing political goals! Go sell that shit to some rube who hasn’t been paying attention to the systematic gutting of the Reconstruction Amendments and the attendant erosion of rights by the unelected justices who swear neutrality.
Let’s be honest here — you’re a fool if you truly believe originalism is a neutral way to interpret laws rather than a veneer of impartiality that the conservative legal movement has marketed to the American people. What a “blessing.”
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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