Supreme Court Justice Neil Gorsuch reminded CBS’s Major Garrett that the court isn’t as divided as people say and too much law is bad for America.
Curtis Houk of Newsbusters described the interview perfectly: A master class.
“I read the other day that…I agreed with Justice Sotomayor, Justice Kagan, and Justice Jackson something like 45 percent of the time,” said Gorsuch. “That’s the court I know.”
I swear, the war against SCOTUS has brought the justices closer despite ideological differences.
When asked about Roe v. Wade, Gorsuch reminded Garrett of the importance of the rule and how people can disagree.
Dobbs didn’t outlaw abortion. SCOTUS found that it didn’t exist in the Constitution and left it up to the states.
“I would say those are deeply complex legal questions on which reasonable minds can, of course, and do disagree,” explained Gorsuch. “And that when it comes to Roe v. Wade, for example, what did the court decide? Decided that we the people should answer that question, not nine people sitting in Washington, D.C.”
Garrett confronted Gorsuch with complaints from feminists about how overturning Roe “ripped away” something from them.
Gorsuch had the golden answer: sovereignty. Too many people have been relying on SCOTUS lately.
“I would say that we’re taking it back to you. In a democracy, you’re in the driver’s seat,” stressed Gorsuch. “You’re the sovereign. Those famous three first words of the Constitution empower you. Do you really want me deciding everything for you?”
But what about the women who live in states that have restricted abortion access?
Gorsuch didn’t take the bait.
“Major, all I can say is I don’t know better than you do on these questions,” said Gorsuch. “And that most major western democracies have decided these questions through the ballot box.”
Gorsuch also pushed back against the narrative that SCOTUS should do what the public wants instead of its job, which is to interpret the Constitution:
“You raise a really interesting question about the place that unelected judges have in a democracy. An independent judiciary, our founders fought a revolution for it because they knew what it was like to have a judiciary that was responsive to the crown, to a whimsical king. They didn’t want that for this country. And the truth is, when you’re the man on the dock, you don’t want it either.”
Gorsuch addressed the topic on Sunday, given President Joe Biden and the left’s desire to “reform” SCOTUS. He said what I’ve said: be careful what you wish for.
“It’s there for the moments when the spotlight’s on you, when the government’s coming after you,” Gorsuch told Shannon Bream. “And don’t you want a ferociously independent judge and a jury of your peers to make those decisions? Isn’t that your right as an American?”
Gorsuch added: “And so I just say, be careful.”
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