Becoming Justice Gorsuch | Bonus: Sorry, Not Sorry
Summary
In this bonus episode of Amicus, hosts Dahlia Lithwick and Mark Joseph Stern welcome Slow Burn’s Susan Matthews to analyze Justice Neil Gorsuch’s recent Supreme Court votes. They discuss his rulings on trans athlete bans and birthright citizenship, arguing that these decisions reveal a shift from principled textualism to partisan alignment with conservative colleagues. The conversation concludes that Gorsuch prioritizes maintaining his intellectual self-image over consistent legal reasoning or real-world consequences.
Topics discussed
Introduction: Amicus and Slow Burn crossover on Justice Gorsuch
Reassessing Gorsuch: From principled textualist to political actor
The 'Renegade' Reputation: How Bostock shaped Gorsuch's image
Trans Athlete Cases: Gorsuch's distinction between Bostock and Title IX
Court Dynamics: The impact of a 6-3 conservative supermajority
Birthright Citizenship: Gorsuch's dissent and the 'domiciliary' argument
Gorsuch's Motivation: Intellectual gamesmanship vs. partisan politics
Conclusion: The danger of bloodless legalism and popular constitutionalism
Listen ad-free on Castria