| How soon we forget about Gorsuch’s lesser moments. His first major opinion for the Supreme Court was a majority ruling in Epic Systems vs. Lewis that effectively allowed employers to steal wages from workers. He is also of the opinion that the Eighth Amendment “does not guarantee a prisoner a painless death.” He was in the majorities that decided Trump v. Hawaii, which upheld the president’s right to ban Muslims from entering the United States, and Rucho v. Common Cause, which eradicated the judiciary’s power to stop partisan gerrymandering. But perhaps the most important thing to remember about Gorsuch is that he is a true radical when it comes to envisioning the future of American governance and in the specific ways in which he interprets long-enshrined legal doctrines. He has encouraged the dismantling of the administrative state and kneecapped the ability of liberals to govern as liberals.
As TNR’s Matt Ford summed up back in January, the ideas that Gorsuch put forward in his mostly overlooked opinion in Gundy v. United States herald “a monumental shift in how the courts, and especially the Supreme Court, treat the administrative state.” Gorsuch’s judicial vision would enable conservatives to constantly stymie “progressive efforts to reform health care and tackle climate change by stripping agencies of their ability to act with discretion and perform the nuts-and-bolts aspects of their work.” If you’re wondering why Gorsuch came down on the side of the liberal justices on Monday on the matter of LGBTQ rights, one should consider the possibility that his ruling in that case doesn’t uniquely damage his grander ambitions.
It’s true that Gorsuch’s decision dealt a setback to some of the conservative legal movement’s significant judicial projects, but it’s far too soon to declare him the next David Souter. Next week’s decision in June Medical Services v. Russo, which may further enable opponents of abortion to deploy what is known as targeted regulation of abortion providers, or TRAP laws, could easily result in conservatives’ forgiveness of Gorsuch. In the weeks and years and even decades to come, he will have plenty of opportunities to complete the conservative takeover of American democracy. He got where he is today because of an expression of maximal Republican power. Never doubt that he’ll pay his debts.
—Jason Linkins, deputy editor | 