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" reputation from Bostock, suggesting he prioritizes intellectual gamesmanship over consistent principles. The conversation critiques Gorsuch’s reliance on flawed historical arguments and his alignment with conservative colleagues, challenging the notion that he is a neutral, text-based jurist.
Topics discussed
Introduction: Amicus/Slow Burn crossover and guest Susan Matthews
Gorsuch's persona: The illusion of non-political judging
Reputation in amber: How Gorsuch's past rulings shape his current image
Trans sports cases: Gorsuch's shift from Bostock to Title IX
Defining discrimination: Gorsuch's legal reasoning and political context
The 6-3 dynamic: How court composition affects judicial courage
Birthright citizenship: Gorsuch's dissent and the 'domiciliary' argument
Gorsuch's motivations: Intellectual games vs. partisan politics
Conclusion: The dangers of bloodless legalism and popular constitutionalism
Listen ad-free on Castria