Supreme Court Breakfast Table – Slate Magazine
Supreme Court Justice Neil Gorsuch a reactionary who dresses up his cruel views in folksy charms. Above, Gorsuch in the Supreme Court in Washington, D.C., on June 1.
Saul Loeb/AFP/Getty Images
On Monday, Justice Neil Gorsuch revealed himself to be everything that liberals had most feared: pro-gun, protravel ban, anti-gay, antichurch/state separation. He is certainly more conservative than Justice Samuel Alito and possibly to the right of Justice Clarence Thomas. He is an uncompromising reactionary and an unmitigated disaster for the progressive constitutional project. And he will likely serve on the court for at least three more decades.
Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.
Although Gorsuch has barely been on the bench for two months, he has already had an opportunity to weigh in on some of the most pressing constitutional issues of our time. In each case, he has chosen the most conservative position. On Monday, Gorsuch indicated that he opposes equal rights for same-sex couples, dissenting from a ruling that requires states to list same-sex parents on birth certificates. (Justices Clarence Thomas and Samuel Alito joined his dissent.) That, alone, is startling: In Obergefell v. Hodges, the court held that the Constitution compels states to grant same-sex couples the constellation of rights, benefits, and responsibilities that the states have linked to marriage, including birth and death certificates. Obergefell, then, already settled this issue. Gorsuchs dissent suggests he may not accept Obergefell as settled law and may instead seek to undermine or reverse it.
Gorsuch also joined Thomas in dissenting from the courts refusal to review a challenge to Californias concealed carry laws. California grants concealed carry permits for good causenamely, a particularized need, substantiated by documentary evidence, to carry a firearm for self-defense. Gun advocates challenged this rule, alleging a violation of the Second Amendment. But the 9th U.S. Circuit Court of Appeals upheld the California regime, and on Monday, the court declined to reconsider its decision. Thomas and Gorsuch dissented vociferously, essentially declaring that the Second Amendment grants individuals a right to carry loaded firearms in public. Not even the archconservative Alito joined their bizarre opinion. It appears Gorsuch is eager to strike down almost any law that limits the right to keep and bear arms in any way. If adopted by the court, Gorsuchs theory would effectively bar state and local governments from passing almost any kind of gun safety legislation.
Monday also revealed Gorsuchs deep hostility to the separation of church and state. He joined Chief Justice John Roberts opinion for the court in Trinity Lutheran v. Comer, holding that a state may not constitutionally refuse to subsidize houses of worship. The court, joined by Gorsuch, held that, when a state declines to fund a churchs improvement project, it somehow violates the Free Exercise Clause of the First Amendment. As Justice Sonia Sotomayor noted in her vehement and impressive dissent, Roberts opinion held for the first time that the Constitution requires the government to provide public funds directly to a church. Roberts decision is especially noteworthy for its complete rejection of originalism: As Sotomayor painstakingly proved, the United States has a rich history of laws preventing the government from directing taxpayer funds to houses of worship. Never before has the court found that these laws somehow interfere with the free exercise of religion.
Gorsuch joined Roberts opinion, although he parted ways with the chief justice when it came to a critical footnote that limited its holding. Trinity Lutheran involved playground resurfacing: The church wanted a state grant for a special rubber substance it wished to pour onto its play area. In a footnote, Roberts wrote that this case involves express discrimination based on religious identity with respect to playground resurfacing. We do not address religious uses of funding or other forms of discrimination. (Emphasis mine.) Gorsuch, as well as Thomas, rejected this footnote; both justices wrote separately to declare that theyd go further, holding that any disparate treatment of religious organizations likely runs afoul of the Constitution. That seemingly benign statement implies that both justices would force states to funnel more taxpayer money to churches and religious groups. To their minds, the government discriminates against religion when it refuses to subsidize it.
Then, finally, theres the travel ban ruling. In a compromise decision, the justices allowed Trumps executive order to take effect but exempted foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. The order gives the Trump administration most of what it wants, while ensuring that individuals with significant ties to the U.S. will not be turned away at the border. Yet Gorsuch, joined by Thomas and Alito, opposed this compromise: He wouldve let the travel ban take effect in its entirety, as he believes it to be lawful. So much for the fantasy of Gorsuch standing up to Trump.
When Trump first nominated Gorsuch, I was relieved he hadnt picked an outright lunatic, and I felt cautiously optimistic that Gorsuch might be less of a hard-line conservative than liberals believed. I was wrong. Gorsuch is the worst kind of justice. He is a reactionary who dresses up his cruel, antediluvian views in folksy charm; who professes restraint while espousing extreme, sweeping views; who has no sympathy for vulnerable minorities but believes Christians are being oppressed. And he will guide the course of the law for the next 30 years or more. He is a catastrophe for proponents of civil rights and equal justice. And his influence over the court only stands to grow.
This country is in terrible trouble.
Follow this link:
Supreme Court Breakfast Table - Slate Magazine
- Canada Liberals to vote on Trudeau's successor as trade war with US heats up - FRANCE 24 English - March 9th, 2025 [March 9th, 2025]
- The Liberals are on the verge of a remarkable comeback. Theres one thing the new leader must do to clinch a win - Toronto Star - March 9th, 2025 [March 9th, 2025]
- The Liberals Choose a Leader in the Shadow of Trumps Threats - The New York Times - March 9th, 2025 [March 9th, 2025]
- Liberals to turn the page on the Justin Trudeau era as party selects successor - CTV News - March 9th, 2025 [March 9th, 2025]
- Tesla, Inc. (TSLA): Jim Cramer Warns Liberals Arent Buying Their Cars! - Yahoo Finance - March 9th, 2025 [March 9th, 2025]
- Canada Liberals to reveal Trudeaus successor amid trade war with US - The News International - March 9th, 2025 [March 9th, 2025]
- Disgusting, Ugly Liberals Try To Smear Riley Gaines For The Dumbest Reason Possible - Outkick - March 9th, 2025 [March 9th, 2025]
- The Liberals are about to choose the next prime minister. What happens next? - CTV News - March 9th, 2025 [March 9th, 2025]
- Canada's ruling Liberals move on from Trudeau with Trump boost - Reuters - March 7th, 2025 [March 7th, 2025]
- Liberals torch trash Gavin Newsom for launching podcast with Charlie Kirk interview - The Independent - March 7th, 2025 [March 7th, 2025]
- Canadas Liberals were heading into a crushing defeat. Then came Trump. - The Washington Post - March 7th, 2025 [March 7th, 2025]
- Carson Jerema: Free trade is dead. Someone should tell the Liberals - National Post - March 7th, 2025 [March 7th, 2025]
- Austrian liberals' vote removes last obstacle to coalition government - Reuters - March 7th, 2025 [March 7th, 2025]
- Gould hoping progressive Liberals will propel her to party leadership - iPolitics.ca - March 7th, 2025 [March 7th, 2025]
- Liberals torch trash Gavin Newsom for launching podcast with Charlie Kirk interview - AOL - March 7th, 2025 [March 7th, 2025]
- Opposition PCs hammer NL Liberals on health cuts to hit savings goal - SaltWire N.L. powered by The Telegram - March 7th, 2025 [March 7th, 2025]
- Gavin Newsom splits from California liberals and condemns transgender athletes in women's sport in chat with C - Daily Mail - March 7th, 2025 [March 7th, 2025]
- Analysis-Canada's ruling Liberals move on from Trudeau with Trump boost - MSN - March 7th, 2025 [March 7th, 2025]
- An Emotional Torture Chamber for Liberals: 3 Writers on Trumps First Month - The New York Times - March 1st, 2025 [March 1st, 2025]
- What conservative women know and liberals don't about happiness | Opinion - USA TODAY - March 1st, 2025 [March 1st, 2025]
- What conservative women know and liberals don't about happiness | Opinion - Institute for Family Studies - March 1st, 2025 [March 1st, 2025]
- Liberals', conservatives' trust in US government's use of digital health data diverged during COVID - University of Minnesota Twin Cities - March 1st, 2025 [March 1st, 2025]
- The changing face of gun ownership... Liberals reveal the bold reasons they're taking up arms - Daily Mail - March 1st, 2025 [March 1st, 2025]
- Omar El Akkad on Genocide, Complicit Liberals, and the Terrible Wrath of the West - Literary Hub - March 1st, 2025 [March 1st, 2025]
- WA Liberals' Albany candidate Thomas Brough back in spotlight over abortion comments - ABC News - March 1st, 2025 [March 1st, 2025]
- John Ivison: Why Conservatives say they arent sweating the Liberals Lazarus-like revival - National Post - March 1st, 2025 [March 1st, 2025]
- Liberals top Tories for 1st time in years, new Ipsos polling says - Global News Toronto - March 1st, 2025 [March 1st, 2025]
- Why White Christian Nationalists are Freaked out: Liberals are More likely to be Non-Religious than Christian - Informed Comment - March 1st, 2025 [March 1st, 2025]
- The Week in Polling: Liberals gaining fast on the Conservatives; Canadians think Trump is serious about the 51st state; Carney not far ahead of... - March 1st, 2025 [March 1st, 2025]
- Letters to the editor, Feb. 27: One of my greatest regrets is voting for the Liberals in the last election - The Globe and Mail - March 1st, 2025 [March 1st, 2025]
- How the shattered German Liberals will be shaped from Brussels - EURACTIV - March 1st, 2025 [March 1st, 2025]
- Preston Manning: The Liberals' disingenuous deathbed conversion in the face of Trump tariffs - National Post - March 1st, 2025 [March 1st, 2025]
- Opinion: Before electing Mark Carney as leader, the Liberals should pause for a moment of reflection - The Globe and Mail - March 1st, 2025 [March 1st, 2025]
- New poll puts Liberals ahead of the Conservatives for the first time since 2021 - CityNews Vancouver - March 1st, 2025 [March 1st, 2025]
- There could have been a better result Liberals regain official party status but remain in third place - iPolitics.ca - March 1st, 2025 [March 1st, 2025]
- FIRST READING: The most telling indicator that the Liberals remain doomed - National Post - March 1st, 2025 [March 1st, 2025]
- CPACs MAGAfest returns to rub it in the faces of DCs liberals - The Independent - February 23rd, 2025 [February 23rd, 2025]
- Austrian liberals join talks on forming a centrist coalition government - Reuters - February 23rd, 2025 [February 23rd, 2025]
- Conservatives and liberals will give free theater performance at local church - Decaturish.com - February 23rd, 2025 [February 23rd, 2025]
- Liberals loved this earnest Kate McKinnon moment on SNL but Lorne Michaels wasnt a big fan - New York Post - February 23rd, 2025 [February 23rd, 2025]
- Liberals need to take a chill pill for Trump headaches and other opinions you read most - Yahoo - February 23rd, 2025 [February 23rd, 2025]
- WA Liberals endure bruising week as election race gets tough - ABC News - February 23rd, 2025 [February 23rd, 2025]
- Some Liberals say mistakes costing party, while others defend campaign team punching above its weight - iPolitics.ca - February 23rd, 2025 [February 23rd, 2025]
- Liberals have me worried. Their fury and stress is hurting someone. It isn't Trump. | Opinion - The Columbus Dispatch - February 20th, 2025 [February 20th, 2025]
- The boom of in vitro fertilization in Poland after the return of the Liberals to power - Le Monde - February 20th, 2025 [February 20th, 2025]
- Jon Stewart reveals the anti-Trump insult he's sick of liberals using and warns it has lost its power - Daily Mail - February 20th, 2025 [February 20th, 2025]
- The Guilting of the Liberals - lareviewofbooks - February 20th, 2025 [February 20th, 2025]
- Teslas Used to Be Cool. For Liberals, Now They're Anything But - Newsweek - February 20th, 2025 [February 20th, 2025]
- Michel Maisonneuve: Only an election can save Canada from the old, tired Liberals - National Post - February 20th, 2025 [February 20th, 2025]
- Inside Winnipeg Politics: Could the Liberals really win again? - Winnipeg Sun - February 20th, 2025 [February 20th, 2025]
- Letter: Canada cannot afford to re-elect the Liberals - Cowichan Valley Citizen - February 20th, 2025 [February 20th, 2025]
- Opposition MPs criticize Liberals for failing to rein in record federal spending on outsourcing - The Globe and Mail - February 20th, 2025 [February 20th, 2025]
- Federal vote intention tightens to near-tie as Liberals and New Democrats rally around Carney - Angus Reid Institute - February 20th, 2025 [February 20th, 2025]
- Meet the new Liberals. Same as the old Liberals - The Globe and Mail - February 14th, 2025 [February 14th, 2025]
- Bell: What's up Canada? Liberals could win the election, are you nuts? - Calgary Herald - February 14th, 2025 [February 14th, 2025]
- Liberals are up 7 in a month, but the Conservatives still hold a 19-point lead - inFocus with David Coletto - February 14th, 2025 [February 14th, 2025]
- Liberals will soon pick the next prime minister. Here's what candidates are promising - CBC.ca - February 14th, 2025 [February 14th, 2025]
- You may not like Trump. But his attempts to seize the Fed contain a lesson for liberals | Leah Downey - The Guardian - February 14th, 2025 [February 14th, 2025]
- Liberals will soon pick the next prime minister. Here's what candidates are promising - MSN - February 14th, 2025 [February 14th, 2025]
- Doctor compares liberals reaction to President Trump to Americas shock after 9/11 attacks: It is affecting their lives - New York Post - February 14th, 2025 [February 14th, 2025]
- Liberals would be tied with Conservatives with Carney as leader: poll - National Post - February 14th, 2025 [February 14th, 2025]
- For Israeli liberals, Trumps a double-edged sword - The Times of Israel - February 14th, 2025 [February 14th, 2025]
- Canadians are focused on the here and now: Darrell Bricker on what accounts for the Liberals polling resurgence - The Hub - February 14th, 2025 [February 14th, 2025]
- GOLDSTEIN: Federal Liberals can't be trusted with the economy - Toronto Sun - February 14th, 2025 [February 14th, 2025]
- NDP, Liberals ask integrity commissioner to probe Ford's anti-tariff trip to Washington, D.C. - Yahoo News Canada - February 14th, 2025 [February 14th, 2025]
- Conservatives still frontrunners but hemorrhaging support to Liberals: Nanos survey - CTV News - February 14th, 2025 [February 14th, 2025]
- Terry Newman: Ontario Liberals stalked by the ghost of Kathleen Wynne - National Post - February 14th, 2025 [February 14th, 2025]
- Radical rights mission is to wind up liberals - The Times - February 5th, 2025 [February 5th, 2025]
- PODCAST: Have the Liberals given up on Sault Ste. Marie? - SooToday - February 5th, 2025 [February 5th, 2025]
- Michael Higgins: Finally, the Liberals start tackling the scourge of fentanyl - National Post - February 5th, 2025 [February 5th, 2025]
- Where are they? Liberals, Greens remain Ontario election no-shows in Windsor-Essex - Windsor Star - February 5th, 2025 [February 5th, 2025]
- Nunavut MP calls on Liberals to extend Inuit child funding program - EverythingGP - February 5th, 2025 [February 5th, 2025]
- Nunavut MP calls on Liberals to extend Inuit child funding program - pentictonherald.ca - February 5th, 2025 [February 5th, 2025]
- Morning Update: PC Party, Liberals promise to take over LRT if they win election - CTV News - February 5th, 2025 [February 5th, 2025]
- In Israel, Even the Liberals Love Trump. This Is Why - Haaretz - February 3rd, 2025 [February 3rd, 2025]
- FIRST READING: The Liberals' extremely low-barrier plan to pick the next prime minister - National Post - February 3rd, 2025 [February 3rd, 2025]
- Young families grappling with the cost of living are the focus of policies announced by WA Labor and Liberals in upcoming state election - MSN - February 3rd, 2025 [February 3rd, 2025]
- Trump should send a bouquet of flowers to the Liberals: Poilievre - CTV News - February 3rd, 2025 [February 3rd, 2025]
- Allan R. Gregg: 1993 redux? Not necessarily. How the failing Liberals may just win again - The Hub - February 3rd, 2025 [February 3rd, 2025]
- Letters: Liberals can't be trusted to navigate Trump's tariffs - National Post - February 3rd, 2025 [February 3rd, 2025]