The Sound of Silence in Skrmetti
About twenty minutes after oral arguments wrapped in Skrmetti, I wrote a quick summary of how I expected Justice Kagan to snatch a victory from the jaws of defeat. Here, I will offer further insights on Justice Gorsuch. Though he didn’t say anything on the transcript, Loper Bright taught us about the sound of silence.
I asked a few people who were in the Court about Justice Gorsuch’s demeanor. One said, “He just sat there. Expressionless.” A second said his demeanor was “I’m sitting back in my chair and not planning to ask anything or reveal anything of my thinking about this case.”
But a third offered this useful observation:
I was in the courtroom for the argument. You may be interested to know that after the second petitioners’ lawyer finished, Gorsuch and Barrett had a very animated conversation in whispers. Several rounds of talking into each other’s ears.
I don’t know what they said, but they both seemed to agree about something. Smiles all around, nodding of heads, and some gestu
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