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Gorsuch At UK: Judges Wear 'Robes, Not Capes'

Josh James
/
WUKY

The most junior member of the U.S. Supreme Court, Neil Gorsuch, offered brief glimpses into his guiding judicial philosophy during a Q&A at the University of Kentucky Thursday.

Gorsuch was ushered onstage by Senate Majority Leader Mitch McConnell, who often touts the justice’s nomination and confirmation as a leading achievement of the Trump administration.

The high court newcomer spent much of his appearance praising colleagues and fondly recalling his clerking days under Justices Byron White and Anthony Kennedy, whom he cited as key mentors. Asked about the role of judges and the court, Gorsuch expressed admiration for justices who stick close to their job titles and avoid wandering into policy questions he argued were better handled by elected legislators.

Judges, he said, wear "robes, not capes."

The conversation steered clear of current controversies that could land in the lap of the high court in the years to come, with Gorsuch only momentarily alluding to potential crises some observers worry could erupt under the Trump administration. 

"Today, a lot of times people tend to think the Constitution is in trouble and the rule of law is in trouble, and maybe it is. I don't doubt we have our challenges, but the fact of the matter is there have always been challenges," Gorsuch said. Referencing the popular Broadway show Hamilton, he added, "At least we don't have a duel going on."

Summed up his attitude about judges and politics, he told the crowd there are no “red judges” or “blue judges.” Rather, “all judges wear black.”

Explaining the nuances and details of complex opinions to the public can be difficult, he said. Sometimes the just result under the law might mean the "bad guy wins."

One audience member, Kentucky Supreme Court Chief Justice John Minton, said the intimate Q&A left him with a fuller picture of the new justice. One answer that resonated with Minton dealt with the length, cost, and delays many encounter in the justice system.

"I was so gratified to hear him acknowledge the work that the state courts are doing to try to improve access to justice and address civil justice reform" he said. "Those things have been... among the chief justices of the states, uppermost in our list of things that need to get done."

Gorsuch took no audience questions and no broadcast recordings were permitted.

The justice was scheduled to meet with UK students Friday morning before departing.

Josh James fell in love with college radio at Western Kentucky University's student station, New Rock 92 (now Revolution 91.7). After working as a DJ and program director, he knew he wanted to come home to Lexington and try his hand in public radio.