U.S. Supreme Court Justice Neil Gorsuch expressed unease Sunday concerning the continuing leaks of internal deliberations at the nation’s highest judicial body, citing the need for the nine justices to be able to engage in “candid conversations.”
Gorsuch, a member of the court’s 6-3 conservative majority, made his comments in the aftermath of publication by The New York Times last month of leaked memos related to a Supreme Court action in 2016 blocking Democratic President Barack Obama’s Clean Power Plan. It was the latest in a number of leaks involving the court in recent years.
“We want some transparency, but we also have to leave room for candid conversations and deliberations with one another,” Gorsuch, appointed to the court in 2017 by Republican President Donald Trump, said on the “Fox News Sunday” program.
Gorsuch pointed to the availability of live audio of the court’s oral arguments as an example of transparency.
“But do we need time to actually talk quietly with one another, to find those places where we can reach agreement? Yeah, we do,” Gorsuch said.
The court has dramatically increased the use of its so-called emergency docket — also called the “shadow” docket — handing Trump repeated wins since he returned to office last year that allowed him to pursue aggressive and sometimes novel uses of executive authority while challenges played out in lower courts. This emergency docket power was the subject of the leaked memos published in The New York Times.
The most prominent leak occurred in 2022 when the news outlet Politico published a draft of the Supreme Court’s blockbuster ruling overturning the 1973 Roe v. Wade landmark that had legalized abortion nationwide weeks before the decision was formally issued.
Asked whether leaks impact the court’s role or the public’s confidence in it as an institution, Gorsuch said the public can listen to arguments and read the court’s opinions.
“Everything that I think about a case is there, on the printed page for anybody to read if they so choose,” Gorsuch said.
Though the court typically issues full opinions in its regular cases after hearing arguments and deliberating for months, its emergency decisions frequently are delivered quickly with little or no reasoning provided.
Gorsuch made his comments while promoting his new children’s book, “Heroes of 1776: The Story of the Declaration of Independence,” which goes on sale Tuesday.
The book coincides with U.S. celebrations of the 250th anniversary of its independence from Britain in July.
Gorsuch and the other conservative justices continue to move American law sharply to the right.
Last week, Gorsuch joined the other conservative justices in gutting a key provision of the Voting Rights Act — making it harder for minorities to challenge electoral maps as racially discriminatory under the pivotal civil rights law.
