Civility, Courage, Humility: Lessons in Life and Law From a Justice

[Elderberry]

The Federalist Society 11/6/2019

A review of A Republic, If You Can Keep It, by Neil Gorsuch, https://www.amazon.com/Republic-If-You-Can-Keep/dp/0525576789/.

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In a collection of speeches, judicial opinions, and anecdotes, Justice Neil Gorsuch’s new book offers advice to legal and lay audiences alike on the importance of civility, courage, and humility while weaving in his views on the separation of powers, originalism, and textualism, among other legal issues. He draws inspiration for these lessons in life and law from former bosses including Justices Byron White and Anthony Kennedy, legal heroes such as Justices John Marshall Harlan and Robert Jackson, and his family, law clerks, friends, and many colleagues. The book also offers a glimpse into the private world of a man who was catapulted from relative obscurity in Colorado to the national stage with his appointment to the Supreme Court.

For Justice Gorsuch, civility is a cornerstone of our republic. Without it, “the bonds of friendship in our communities dissolve, tolerance dissipates, and the pressure to impose order and uniformity through public and private coercion mounts.”[1] Self-governance “turns on our treating each other as equals—as persons, with the courtesy and respect each person deserves—even when we vigorously disagree.”[2] It’s a quality his former boss Justice Kennedy instilled in him (“one can disagree but never disagreeably”), and he, in turn, hopes to instill it in his law clerks. He saw it in action during his recent confirmation to the Supreme Court, and he shares stories of the many acts of kindness he experienced—a care package with socks and a note that his looked worn out on television, a joke told while he was in line getting coffee, and well wishes from someone across the political aisle. They are proof that “goodness . . . runs deep in our collective history and sustains our republic.”[3]

Justice Gorsuch also highlights the courage many great American lawyers and judges have shown and their willingness “to stand firm for justice in the face of immense pressure and often at grave personal costs.”[4] He points to John Adams’ willingness to represent British soldiers following the Boston Massacre in 1770, Justice Harlan’s lone dissent in Plessy v. Ferguson (writing that the Constitution “neither knows nor tolerates classes among citizens”), and Justice Jackson’s dissent from the Court’s rulings in the Chenery cases. In each instance, these men knew their actions could alienate friends and harm their reputations. Adams, Harlan, and Jackson are all models of courage for Justice Gorsuch and proof that adhering to the law “in the face of great public pressure is sometimes a lonely business.”[5] That lonely road is one worth walking, however, and judges should aspire to be humble in carrying out their duties.

More: https://fedsoc.org/commentary/publications/civility-courage-humility-lessons-in-life-and-law-from-a-justice