Becoming Justice Gorsuch | 2. The Stolen Seat
Aug 22, 2026 · 47m
Summary
In this episode of Slow Burn, host Susan Matthews and guest Mark Joseph Stern examine Neil Gorsuch’s rise to the Supreme Court, focusing on the controversial blockade of Merrick Garland’s nomination. They analyze Gorsuch’s strict textualist philosophy through cases like the "frozen trucker" dissent and the liberal-leaning Bostock decision. The discussion highlights how Gorsuch’s performed civility masked a strategic agenda, ultimately securing a conservative supermajority while maintaining his own judicial independence.
Topics discussed
Introduction to Slowburn and the rise of Justice Gorsuch
Scalia's death and the influence of originalism and textualism
The blockade of Merrick Garland and the 2016 election upset
Gorsuch's aggressive questioning and the frozen trucker case
Gorsuch's strategic image building and conservative agenda
The confirmation hearing and the nuclear option
Gorsuch's writing style and the GorsuchStyle controversy
Bostock v. Clayton County and textualism protecting LGBTQ rights
Gorsuch's rulings on trans rights and conflicts with Trump
Comparison with Kavanaugh and Barrett confirmations
Conclusion: Gorsuch as an operator and preview of next episode
Listen ad-free on Castria