Josh Blackman | 12.4.2024 11:19 PM

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........

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