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Justice Neil Gorsuch

Mentioned in 27 analyzed podcast episodes across 10 shows

A Trump-appointed Supreme Court conservative justice who has drawn significant podcast discussion for joining a 6-3 majority striking down Trump's tariff authority, writing lengthy concurrences defending the major questions doctrine as a constitutional principle while criticizing colleagues for inconsistency. Known for his authored Bostock decision and his involvement in recent cases on gun rights, property law, and Fourth Amendment issues. His willingness to rule against the sitting president despite his conservative record has made him a notable figure in discussions of judicial independence and constitutional interpretation.

Episode Appearances

Morning Joe

Morning Joe · Apr 2, 2026

'I don't think it was a sell': Richard Haass on why Trump didn't make the case for war in Iran

Asked critical questions about Native American birthright citizenship status, exposing logical flaws in Solicitor General's argument

Iran Nuclear Program and Proliferation RiskStrait of Hormuz Control and Global Oil MarketsBirthright Citizenship and 14th Amendment Interpretation
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The Daily

The Daily · Apr 2, 2026

The Supreme Court Takes On Birthright Citizenship

Questions the administration's reliance on Wong Kim Ark and asks where 'domicile' appears in historical 14th Amendment debates

Birthright Citizenship and 14th Amendment InterpretationWong Kim Ark Precedent and Domicile DoctrineExecutive Order on Immigration and Citizenship
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Bannon`s War Room

Bannon`s War Room · Apr 1, 2026

Episode 5263/5264: Historial Morning SCOTUS Hearing Arguments On Birthright Citizenship; Trump Live In The Courtroom

Explored temporary sojourner exceptions and post-Wong Kim Ark legal understanding

14th Amendment Citizenship Clause interpretationBirthright citizenship and jus soli doctrineSubject to the jurisdiction thereof—allegiance vs. territorial presence
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5-4

5-4 · Mar 10, 2026

Learning Resources Inc. v. Trump

Joined majority but wrote scathing concurrence attacking Kavanaugh, Thomas, and Barrett's reasoning

International Emergency Economic Powers Act (IEPA) statutory interpretationPresidential tariff authority and emergency powersMajor questions doctrine application to taxation and foreign affairs
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Political Gabfest

Political Gabfest · Feb 26, 2026

The State of the Union is Endless

Wrote 46-page concurrence defending congressional power and criticizing other justices for inconsistency

State of the Union Economic Claims and Fact-CheckingSupreme Court Tariff Ruling and Major Questions DoctrineSeparation of Powers and Congressional Delegation
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Cato Podcast

Cato Podcast · Feb 26, 2026

Rhetoric vs. Reality in the State of the Union

Wrote concurring opinion criticizing conservative justices' inconsistency on major questions doctrine application

Tariff Policy and Constitutional AuthoritySupreme Court IEPA Decision and Legal Fallback MechanismsEconomic Growth Claims vs. GDP Statistics
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Law and Chaos

Law and Chaos · Feb 24, 2026

Ep 207 — Tariff Decisions Reveals SCOTUS Slapfight

Wrote aggressive concurrence defending major questions doctrine, spent 10 pages attacking Justice Barrett's reasoning

International Emergency Economic Powers Act (IEPA) tariff authoritySection 122 Trade Act of 1974 balance of payments tariffsSupreme Court major questions doctrine and non-delegation doctrine
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Advisory Opinions

Advisory Opinions · Feb 24, 2026

What’s Next After Friday’s Tariff Decision?

Joined majority; applied major questions doctrine; criticized by listener for potentially inconsistent textualism if doctrine is necessary to holding

International Emergency Economic Powers Act (IEEPA) tariff authorityMajor questions doctrine application and consistencyStatutory construction vs. clear statement rules in delegation
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Fast Politics with Molly Jong-Fast

Fast Politics with Molly Jong-Fast · Feb 23, 2026

Rick Wilson & Mallory McMorrow

Supreme Court justice; ruled against Trump on tariff authority, called 'foreign-influenced' by Trump

Trump Tariff Policy and Supreme Court ChallengesDOJ Document Suppression and Epstein FilesICE Enforcement and Detention Center Expansion
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Divided Argument

Divided Argument · Feb 21, 2026

Betty Boop or Shakespeare

Concurred in judgment; wrote lengthy opinion defending major questions doctrine on non-delegation grounds

International Emergency Economic Powers Act (IEEPA) statutory interpretationMajor questions doctrine: substantive canon vs. linguistic principle vs. non-delegationPresidential tariff authority and trade policy
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#SistersInLaw

#SistersInLaw · Feb 21, 2026

280: The Red Queen’s Revenge

Concurred in tariff decision applying major questions doctrine; criticized both majority and dissenting justices in separate opinion

Supreme Court Tariff Decision and IEPA AuthorityMajor Questions Doctrine Application and LimitsFCC Equal Time Rule Enforcement and Political Speech
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Amicus With Dahlia Lithwick | Law, justice, and the courts

Amicus With Dahlia Lithwick | Law, justice, and the courts · Feb 21, 2026

Trump’s Tariffs Overturned

Conservative justice joining Roberts and Barrett in 6-3 majority against tariffs; wrote 50-page concurrence on major questions doctrine

Tariff Authority and Presidential Power Under IEPAMajor Questions Doctrine in Constitutional LawSeparation of Powers and Congressional Prerogatives
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Anderson Cooper 360

Anderson Cooper 360 · Feb 21, 2026

Trump Attacks Justices Who Ruled Against His Tariffs

Trump-appointed justice who sided with liberal minority against tariffs, drawing particular ire from Trump

Tariff Policy and Trade LawPresidential Executive Authority and Constitutional LimitsSupreme Court Judicial Independence
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Advisory Opinions

Advisory Opinions · Feb 21, 2026

Supreme Court Strikes Down Trump Tariffs

Wrote lengthy concurrence criticizing colleagues for inconsistency while defending major questions doctrine as structural constitutional principle

Major Questions Doctrine Application to Executive PowerPresidential Tariff Authority Under IEPASeparation of Powers and Congressional Delegation
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PBS News Hour - Full Show

PBS News Hour - Full Show · Feb 21, 2026

February 20, 2026 - PBS News Hour full episode

Trump-appointed justice who sided with majority striking down tariffs, causing president to feel betrayed

Supreme Court Tariff Ruling and Executive AuthorityAlternative Trade Authorities and Legal UncertaintyTariff Economic Impact on Consumers and Inflation
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Consider This from NPR

Consider This from NPR · Feb 20, 2026

What the Supreme Court’s tariff decision means for small businesses

Trump appointee who joined Roberts' majority opinion with 46-page concurring opinion on tariff authority

Supreme Court Tariff RulingPresidential Emergency PowersInternational Emergency Economic Powers Act (IEPA)
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Deadline: White House

Deadline: White House · Feb 20, 2026

“A seismic ruling today from the Supreme Court”

Trump-appointed justice who joined majority opinion and wrote separately emphasizing legislative process as bulwark of liberty

Tariff Authority and Presidential PowerSupreme Court Separation of Powers DoctrineTariff Revenue Refunds and Business Compensation
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Verdict with Ted Cruz

Verdict with Ted Cruz · Feb 14, 2026

Virginia is for Loving Liberal Policy, Tariffs on Trial at SCOTUS & Save America Act heads to the Senate Week In Review

Supreme Court conservative justice showing skepticism toward tariff authority and major questions concerns

Virginia Gerrymandering and Congressional RedistrictingICE Cooperation and Immigration EnforcementSupreme Court Tariff Authority Case (AIPA)
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The High Court Report

The High Court Report · Feb 9, 2026

Oral Argument Re-Listen: Wolford v. Lopez | Must Gun Right Holders Receive Express Consent?

Challenged Hawaii's position that property law defaults can override constitutional rights and questioned Black Codes relevance

Second Amendment Right to Public CarryPrivate Property Open to Public AccessExpress vs. Implied Consent Doctrine
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Divided Argument

Divided Argument · Jan 22, 2026

Bok Choy

Co-authored concurrence with Justice Thomas in Ellenberg on ex post facto doctrine and original meaning

Martinization and prisoner access to federal courtsEx post facto clause and retroactive criminal punishmentSubstantive versus procedural law in diversity jurisdiction
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Supreme Court Oral Arguments

Supreme Court Oral Arguments · Jan 20, 2026

[24-1046] Wolford v. Lopez

Challenged respondent's reliance on Black Codes as historical analogs and questioned whether petitioner's rule would apply to private residences

Second Amendment scope and private property rightsHawaii's presumptive ban on concealed carry without express consentHistorical anti-poaching laws as constitutional analogs
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U.S. Supreme Court Oral Arguments

U.S. Supreme Court Oral Arguments · Jan 20, 2026

Wolford v. Lopez

Challenged Hawaii's use of Black Codes as historical support and questioned why states should flip presumptions

Second Amendment Right to Public CarryPrivate Property Owner Consent RequirementsHawaii Firearm Licensing Law (Act 52)
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Divided Argument

Divided Argument · Jan 16, 2026

Lake Shrimp

Wrote concurrence in Case v. Montana signaling shift toward general law approach to Fourth Amendment

Standing Doctrine and Article III RequirementsElection Law and Candidate StandingFourth Amendment Emergency Aid Exception
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The Briefing with Albert Mohler

The Briefing with Albert Mohler · Jan 15, 2026

Thursday, January 15, 2026

Joined 2020 decision extending Title IX protections to transgender persons; his ruling in sports cases uncertain

Transgender Athletes in School SportsTitle IX Interpretation and EnforcementMedical Professional Ethics and Ideology
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Strict Scrutiny

Strict Scrutiny · Jan 12, 2026

S7: Debunking Trump’s Bullsh*t Legal Arguments for Invading Venezuela

Author of Bostock decision; silent in oral argument; key vote in sports eligibility and Second Amendment cases

Transgender Student-Athlete Sports EligibilityTitle IX Sex Discrimination in EducationEqual Protection Clause and Gender Identity
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Strict Scrutiny

Strict Scrutiny · Dec 15, 2025

S7: SCOTUS Is About to Turbocharge Presidential Power

Signaled interest in reviving non-delegation doctrine to strike down agency authority beyond removal power.

Presidential Removal Power and Administrative IndependenceHumphrey's Executor Precedent OverrulingUnitary Executive Theory Constitutional Doctrine
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Strict Scrutiny

Strict Scrutiny · Nov 3, 2025

S7: The Legal Battles Over Trump’s War on Blue Cities

Noted libertarian; may join strange bedfellows coalition on fugitive tolling doctrine and rule of lenity

Federal Militarization of Domestic Law EnforcementNational Guard Deployment Legal AuthorityICE Operations and Border Patrol Conduct in Chicago
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