Court Battles

Gorsuch says Supreme Court is ‘working’

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by Ashleigh Fields - 05/03/26 11:04 AM ET

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by Ashleigh Fields - 05/03/26 11:04 AM ET

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Supreme Court Justice Neil Gorsuch said the Supreme Court system is “working” in a Sunday interview where he reflected on the country’s founding principles.

Gorsuch joined Fox News’s Shannon Bream on “Fox News Sunday” to discuss his new book, “Heroes of 1776: The Story of the Declaration of Independence,” co-authored with Janie Nitze.

In the segment, Gorsuch argued that the U.S. court system is succeeding in mitigating complex issues.

“Americans file about 50 million lawsuits a year, and you give us the 70 hardest ones, where lower court judges have disagreed about what the law means about a statute or a provision of the Constitution dictates in a particular case— there are nine of us. Can you get nine people to agree on where to go to lunch?” he asked Bream.

“All right, we’ve been appointed by five different presidents over 30 years, and yet we’re able to resolve those cases unanimously, about 40 percent of the time. So when you bear that in mind, say the system is working pretty much as it has for a very, very long time,” he added.

The high court, which has a conservative majority, recently ruled on several cases ranging from the legality of a congressional map in Louisiana to the president’s authority over tariffs.

Gorsuch says he never expects to 100 percent agree with his colleagues, but noted that each justice brings their own perspective.

“I don’t expect to persuade my colleagues in every case. I know we’re going to disagree,” Gorsuch told Brennan.

“I’m an originalist. [Former] Justice [Stephen] Breyer or Justice [Sonia] Sotomayor, they’re not originalists. I love them, okay, and we have a good time together disagreeing,” he added.

Bream asked if justices needed private space to disagree without media coverage or input from the public.

“Like everything else, it’s a balance in life, right, between we want some transparency, but we also have to leave room for candid conversations and deliberations with one another,” Gorsuch said.

“And so today we have, and I think it’s great we have the audio of the court that’s available to you in real time, anybody can listen to our arguments. But do we need time to actually talk quietly with one another, to find those places where we can reach agreement? Yeah, we do, and that’s nothing new,” he added.

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