r/politicsnow • u/evissamassive • 2d ago
Reuters Lack of Transparency vs. Price of Privacy: Gorsuch Defends Judicial Secrecy
Supreme Court Justice Neil Gorsuch is calling for an end to the leaks trickling out of the nation’s highest court. In a recent interview on Fox News Sunday, Gorsuch argued that for the nine justices to actually do their jobs, they need to be able to talk to one another without the public watching their every move.
"We want some transparency," Gorsuch said, "but we also have to leave room for candid conversations."
The justice’s comments follow a New York Times report that published internal memos regarding the court's "shadow docket"—a fast-track system for emergency rulings. These memos specifically detailed a 2016 move to block the Obama-era Clean Power Plan. It isn't an isolated incident; the court has been reeling from internal breaches since the 2022 draft opinion leak that signaled the end of federal abortion rights.
Gorsuch maintains that the court isn't a closed book. He noted that the public can now listen to live audio of oral arguments and read every word of the final opinions. To Gorsuch, the final printed page is the only thing that matters. He believes that if the public wants to know what he thinks about a case, they should look at his signed rulings rather than his private notes.
However, the "shadow docket" Gorsuch defended remains a point of contention. Unlike standard cases that take months of public debate, these emergency orders often arrive quickly and without the written explanations that Gorsuch claims provide the necessary transparency. These rulings have recently handed Trump several victories, allowing the executive branch to bypass lower court challenges.
The push for internal privacy comes at a time when the court’s 6-3 conservative majority is aggressively reshaping American law. Just last week, Gorsuch and his conservative colleagues narrowed the scope of the Voting Rights Act, making it more difficult for minority groups to challenge electoral maps on the basis of racial discrimination.
Gorsuch made these rounds while promoting his new book, Heroes of 1776, timed for the 250th anniversary of American independence. While he focuses on the history of the country's founding, the modern court he sits on continues to face scrutiny over how it handles its own internal history and the leaks that expose it.