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October 3, 2017

I’M GONNA GO WITH “NOT BADLY ENOUGH:” How Badly Is Neil Gorsuch Annoying the Other Supreme Court Justices?

As Linda Greenhouse observed in the Times at the end of Gorsuch’s first term, he managed to violate the Court’s traditions as soon as he arrived. He dominated oral arguments, when new Justices are expected to hang back. He instructed his senior colleagues, who collectively have a total of a hundred and forty years’ experience on the Court, about how to do their jobs. Dissenting from a decision that involved the interpretation of federal laws, he wrote, “If a statute needs repair, there’s a constitutionally prescribed way to do it. It’s called legislation.” Perhaps he thought that the other Justices were unfamiliar with this thing called “legislation.”

Maybe that’s because he’s read their work. But if they’re having trouble keeping up with him, they can always retire. . . .

Speaking of which, there’s no mention of another outspoken Supreme Court Justice whose public statements have been far less temperate than Gorsuch’s. I suspect that’s because she’s the source of the piece.