Opinion

The Courage To Sit Down And Lend An Ear: Justice Gorsuch The Listener

Phil Berg Attorney
Font Size:

On Monday, Justice Neil Gorsuch sat for the first time in his new seat on the Supreme Court to hear oral arguments. At 10:00 a.m., the curtains behind the Court’s bench opened and he filed in and took his seat on the far left side of the bench next to the Court’s Marshal. And thus begins a lifetime of service hearing arguments at One First Street.

I emphasize the word “hear” for a reason.  The Supreme Court has an “argument calendar,” but the printed list of cases the Court prepares for each session is called the “hearing list.”  It is the chance for people to be heard.

At the end of every semester in his class on legal ethics at Colorado Law School, Neil would ask his students to write down what they would like to see in their obituary.  It gave them at least five minutes in their years of legal education to consider what they would most like to be remembered for.  My good friend Neil Gorsuch is still a young man, but having known him for most of that life, I can comfortably name one characteristic that will grace his obituary: an excellent listener. Neil is the Michael Jordan—or perhaps given his football hero, the John Elway—of listeners.

Neil’s ability to listen to and learn from others has been legendary on the Tenth Circuit.  Litigants regularly praised his thoughtful demeanor during oral argument, and pointed out that he read not only everything in their briefs, but the underlying cases they cited.  As Michael McConnell, a former Tenth Circuit judge and now a law professor at Stanford put it: “When discussing a point of law, Gorsuch listens and learns.  He does not act as if he always knows the answers.  I have seen him change his mind as a result of discussion.”

According to Neil’s law clerks, a number of whom I’ve become friends with, he would regularly walk into their office and ask them to “tell me something I don’t know.”  One former clerk, Jason Murray, observed that Gorsuch would tell his clerks “If you aren’t telling me I’m wrong, you’re not doing your job.”

But Neil Gorsuch’s ability to listen extends beyond the courthouse.  Perhaps even more important than his ability to listen to legal arguments is his ability to tune into the deeper needs and concerns of those with whom he interacts, and have an uncommon thoughtfulness toward them.

I should know.  I was a classmate of Neil’s at Harvard Law School and have been a friend ever since.  When I came out to him as gay, at a time when doing so was very difficult for me, Neil was immediately and completely supportive of me.  He listened.  He didn’t change his view of me or our friendship after listening. In fact his listening, understanding and unwavering support brought us closer.  Last week, at the close of a long day of swearing-in activities and receptions, I found myself in familiar territory: sharing a drink with Neil at 10 p.m., with him asking me questions about my husband and my life.  And just listening.

Why does this matter today?  It matters because the ability to listen and understand others is an indispensable ingredient in any good judge, especially a Supreme Court Justice.  It means he can be persuaded, and does not live in a pigeonhole.

Mark Hansen, another longtime friend, jokes that Neil was born with silver hair and an inexhaustible supply of Winston Churchill quotes.  One such quote is particularly relevant today: “Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen.”  Throughout his life, Neil has displayed that courage both on and off the bench.

Now, as he sits down behind a new bench in a new courthouse, his courage to listen will be on full display.  And at a particularly fraught moment in our law and politics when people from across the ideological spectrum find it difficult to listen to each other, we have in Justice Gorsuch a judge who will carefully listen to those who come before him, consider arguments without prejudgment or bias, and go where the law leads him.

Phil is a Harvard Law School graduate and classmate of Justice Gorsuch, and is currently a corporate attorney at a New York City law firm.  He lives with his husband in Manhattan.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel