Bonus: Sorry, Not Sorry
Summary
In this Amicus Plus bonus episode, hosts Dahlia Lithwick and Mark Joseph Stern are joined by Susan Matthews to analyze Supreme Court Justice Neil Gorsuch’s recent rulings. They discuss how his votes in the trans sports and birthright citizenship cases contradict his earlier "renegade" image from Bostock, suggesting he prioritizes intellectual gamesmanship over consistent principles. The conversation critiques Gorsuch’s reliance on flawed historical arguments and his apparent alignment with conservative colleagues like Justice Thomas, challenging the notion that he is a neutral, text-based j…
Topics discussed
Introduction: Crossover with Slow Burn and Susan Matthews
Reassessing Gorsuch: Politics vs. Textualism
The 'Renegade' Reputation and Narrative Control
Gorsuch's Consistency: Bostock vs. Recent Rulings
Case Summary: Trans Athletes and Birthright Citizenship
Analysis: Gorsuch's Concurrence in Trans Sports Cases
Framing Victims and the Impact of a 6-3 Split
Counterfactual: Merrick Garland and the Loss of the Center
Birthright Citizenship: Gorsuch's Dissent and Surprise
Influence of Thomas and Alito on Gorsuch's Reasoning
Law as a Game: The Joy of Obscure Historical Debates
Conclusion: Gorsuch as a Partisan, Not a Neutral Jurist
Popular Constitutionalism vs. Elite Legal Games
Wrap-up: Emotional Impact and Future Episodes
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