How badly is Neil Gorsuch annoying his colleagues on the Court?

Gorsuch’s speeches might appear less distasteful to his colleagues if he had made an otherwise more graceful début on the Court. As Linda Greenhouse observed in the Times 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.” Gorsuch also expressed ill-disguised contempt for Anthony Kennedy’s landmark opinion legalizing same-sex marriage in all fifty states. Earlier this year, the Court’s majority overturned an Arkansas ruling that the state could refuse to put the name of a birth mother’s same-sex spouse on their child’s birth certificate. Dissenting, Gorsuch wrote, “Nothing in Obergefell spoke (let alone clearly) to the question.” That “let alone clearly” reflected a conservative consensus that Kennedy’s opinion was a confusing mess.

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