Justice Gorsuch conducts wide-ranging interview with Kyle Peterson in New York Times wall street journal. The focus is on his new book, which will be released on Tuesday. There are also some insights into how the courts will function post-Covid and how their chambers will function.
First, Gorsuch strongly hinted Dobbs The leak did not come from his room. I doubt if any NMG staff filed a lawsuit through a lawyer, or refused to hand over their equipment:
Will the Covid pandemic and leaked information in 2022 Dobbs Abortion ruling changes how high court operates? Apparently not much. “Not surprisingly, the court took additional security precautions with its internal draft,” Justice Gorsuch said. He declined to disclose details about the leaks he told staffers. “I can tell you,” he said in a low, firm voice, “it’s very important to me that anyone who works for me fully cooperates with the investigation. And they did.”
Second, Gorsuch seems to appreciate the endless round-robin format:
Oral arguments have become “a little more laid-back” due to pandemic conference calls. Attorneys now have two minutes to speak and settle before the trial begins, which Judge Gorsuch said he likes: “They’ve all had too much coffee and not enough sleep, but they have a point they want to make. ” Finally, each judge takes turns conducting final questioning. “You don’t have to squeeze in,” he said. “You never think in an oral argument, oh my gosh, I want to ask a question.”
I’m not a fan. Then again, I’m not the one who wanted to ask the question.
Third, Gorsuch dislikes his own writing:
Next came the job of drafting the ruling, which Justice Gorsuch said his colleagues did an outstanding job. “I think we have an unusually large number of very talented writers on the court right now,” he said. “I’m not patting myself on the back. Frankly, I put myself in the middle.” When asked if he had a favorite point of view, he responded without hesitation: “No. I hate them. Everyone. Do you like reading your previous works? Sometimes work requires it. “I inevitably think, ah, I wish I could express this in a different way, ah, I haven’t explored this enough.”
I agree, and would place Gorsuch in the middle of the court for his writing ability. My top three right now are Roberts, Kagan, and Barrett. But Gorsuch writes in his own unique tone, and it works for him. At this point…
Fourth, Gorsuch said he wrote his own opinions. This is not surprising since his tone is so unique sentence by sentence:
What was his drafting process like? “I like to have paralegals do something“,” Justice Gorsuch said, though he ultimately followed the lead of his former boss, Justice Byron White: “He would say, write me something.” He read it. Then he would throw it away. Then he would write his own stuff.
But then Justice Gorsuch sat down to write a complete draft himself. “It’s a very intense process where you lock yourself in a room with materials,” he said. “At the end of the day, at the end of the day,” he repeated himself for emphasis, “I’m the one taking the oath, right? I have to satisfy myself that I’ve gone down every time.” The rabbit hole, I Having thoroughly understood the case, I am doing my best to resolve the issue.
I appreciate that Judge Gorsuch is now writing books on a regular basis. Unfortunately, Gorsuch’s royalties pale in comparison to those of his colleagues. But that shouldn’t matter. Gorsuch is writing about important legal topics, just as Justices Scalia and Breyer have done. Gorsuch is trying to influence the long-term legal conversation. Other justices are trying to…well, write themselves.
Regardless, Gorsuch seems to consider himself a liberal, but not a lunatic:
Whatever the reason, he worries that the United States is at the far end of the so-called legal Laffer Curve with its accumulated statutory orders and regulatory crimes. “Too few laws can cause problems,” he said. “I love my libertarian friends, but I don’t agree with their anarchy, okay? Laws are vital.” However: “Too many laws actually ends up making people fear the law rather than respect the law, fear their institutions instead of loving their institutions.”
I can relate.
