Justice Gorsuch Defends Supreme Court's Record Amid Declining Approval Ratings

Supreme Court Justice Neil Gorsuch Addresses Criticism and Complex Cases

In a recent interview with Nick Gillespie, a colleague at Reason, U.S. Supreme Court Justice Neil Gorsuch discussed his new children's book, Heroes of 1776: The Story of the Declaration of Independence, coauthored with Janie Nitze. The conversation also covered broader topics related to Gorsuch's role on the Court.

The interview, available in full, touched on two key points that highlight Gorsuch's perspective on the judiciary and constitutional interpretation.

1. The Supreme Court's Role in 'Hardest Cases' Amid Declining Approval

Americans' dissatisfaction with the federal government, including the Supreme Court, has reached new lows. Approval ratings for the Court have dropped, prompting questions about its performance. Gorsuch, however, defended the Court's approach, stating it is fulfilling its constitutional mandate.

"I think we do pretty darn well," Gorsuch said. "We take on the 70 hardest cases in the country, and we're unanimous, the nine of us, about 40 percent of the time."

Regarding split decisions, Gorsuch noted that only about half of them involve clear ideological divides, such as 5-4 or 6-3 rulings. The remaining cases, he explained, are more complex:

"The others are scrambled every which way."

Gorsuch's own record exemplifies this complexity. While often aligning with liberal Justice Sonia Sotomayor on criminal justice matters, he frequently clashes with conservative Justice Samuel Alito. Gorsuch emphasized that rigid ideological labels oversimplify the Court's work, urging a broader understanding of its decisions.

2. The Debate Over Unenumerated Rights in the Constitution

The U.S. Constitution explicitly protects certain rights, such as freedom of speech and the right to bear arms. However, the 9th Amendment states that the enumeration of rights in the Constitution does not deny or disparage others retained by the people. This raises the question: Should unenumerated rights receive the same legal respect as enumerated ones?

Gorsuch has historically been difficult to pin down on this issue, and his latest remarks did not provide definitive clarity. When asked whether the U.S. should be viewed as a libertarian project rather than a conservative or liberal one, Gorsuch responded:

"It's an idea that you have a right to make your way and your life and pursue happiness and so do I. And we can do that together."

"America should be understood as a very tolerant project."

His answer underscores his view of the Constitution as a framework for tolerance and individual pursuit of happiness, rather than a rigid ideological document.

Key Takeaways from Gorsuch's Interview

• The Supreme Court handles the nation's most complex cases, with unanimous decisions in about 40% of its docket.
• Split decisions are not always ideological; many involve non-traditional alliances among justices.
• Gorsuch rejects simplistic labels, arguing that rigid conservative-liberal divides fail to capture the Court's nuanced work.
• The 9th Amendment's role in protecting unenumerated rights remains debated, with Gorsuch offering a broad but vague interpretation of constitutional tolerance.