Justice Gorsuch vows to remain 'fearless' and 'independent' amid sharp criticism from the president who appointed him

By 
, May 7, 2026

Supreme Court Justice Neil Gorsuch told ABC News he intends to stay "independent" and "fearless" on the bench, a pointed response to weeks of personal attacks from President Donald Trump, who called the justice he appointed a "disgrace" and "disloyal" after Gorsuch sided against the administration's sweeping tariff policy.

The 58-year-old conservative jurist, approaching a decade on the high court, sat down with ABC News Live Prime anchor Linsey Davis ahead of the release of a new children's book about the Declaration of Independence. But the conversation quickly turned to the collision between presidential power and judicial independence that has defined much of the Court's current term.

Gorsuch did not name Trump directly in his remarks. He didn't have to. The context was unmistakable.

The tariff ruling that set off the firestorm

In February, Gorsuch voted with Chief Justice John Roberts, Justice Amy Coney Barrett, and the Court's three liberal justices to invalidate Trump's sweeping global tariffs. The decision drew immediate fury from the White House. Trump labeled Gorsuch and Barrett, both his own appointees, "fools and lapdogs," "unpatriotic," and "an embarrassment to their families."

Those words landed hard in a city already fraying at the seams. And they landed on a justice who, even before his 2017 confirmation, had been forced to reckon with a president willing to target judges who ruled against him. During Trump's first term, Gorsuch, then still a nominee, described the president's behavior toward federal judges as "disheartening" and "demoralizing."

Now, nearly a decade later, the pattern has repeated, only louder, and aimed directly at the men and women Trump himself placed on the bench.

Gorsuch on independence and the judicial oath

Gorsuch framed his response around the oath every federal judge takes. He told Davis:

"We want independent judges, people who are fearless and able to apply the law without respect to persons, as our judicial oath says, right? That's why we're giving life [tenure] to anybody, and it's quite an honor."

He added that serving on the Court is "a humbling privilege" and called himself "just one link in a long chain." That language, deliberate, measured, institutional, is the kind of thing that frustrates critics on both sides. Progressives want justices to fight back harder. Some on the right want them to defer more to the elected branches. Gorsuch offered neither satisfaction.

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What he did offer was a clear statement of principle: the job requires absorbing criticism without bending to it. As Chief Justice Roberts has also argued, personal attacks on judges carry risks that go beyond any single case or presidency.

Gorsuch said he shares Roberts' concern that the surge in personal attacks against judges is "dangerous." He acknowledged, though, that criticism itself is legitimate.

"Part of the job of the judge is to accept criticism. Right? Everybody's got a right to free speech."

He went further, calling democracy "a raucous thing", and saying that's good. The line between raucous debate and character assassination, however, is one Gorsuch clearly believes has been crossed.

A children's book and a 250-year-old argument

The interview was pegged to the Tuesday release of Gorsuch's children's book, "Heroes of 1776: The Story of the Declaration of Independence." The timing is deliberate: the nation's founding charter was penned 250 years ago this year, and Gorsuch used the anniversary to make a broader argument about American self-governance.

He told Davis the book recounts how close the Declaration came to never happening at all.

"We tell the story about the debate that led up to [the Declaration]. It almost didn't go through."

That historical fragility, Gorsuch argued, carries a warning for the present. The republic's survival is not guaranteed. It requires active commitment from each generation, not passive assumption.

"None of this is inevitable, and it isn't inevitable that it will survive. America's biggest enemy is itself. I believe we have to recommit every generation... if we're going to carry those ideals forward."

That line, "America's biggest enemy is itself", is the kind of statement that will be read differently depending on who's reading it. The left will hear a rebuke of Trump. The right may hear a warning about institutional decay. Gorsuch, characteristically, left the interpretation open.

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The Court's current docket is packed with blockbuster cases, and every ruling now arrives in a political atmosphere where the justices themselves have become targets, not just their opinions.

Civility, assassination, and the Court's internal life

Gorsuch told Davis he was "heartbroken" by the recent attempted assassination of Trump at the White House Correspondents' Dinner. He described the episode as part of a broader deterioration of civility in American politics, a deterioration he sees as corrosive to the country's foundations.

His comments about disagreement among the justices were striking in their warmth. Gorsuch has publicly maintained a friendly personal relationship with Justice Sonia Sotomayor, the Court's senior liberal member. The two have made several joint appearances to promote civics education and shore up public faith in the institution.

"When I disagree with my colleagues... I never question that the person sitting across from me loves this country every bit as much as I do, that they love the Constitution and Declaration [of Independence], and that they're doing their best."

That kind of statement is easy to dismiss as boilerplate. But in the current environment, where internal Court tensions have spilled into public view, it reads as a deliberate attempt to model something the rest of Washington has abandoned.

Gorsuch said what keeps him up at night is "our sometimes incapacity to realize the humanity of the people we disagree with." He wasn't talking only about the Court. He was talking about the country.

What Gorsuch didn't say

For all his willingness to speak publicly, Gorsuch avoided direct confrontation with the president. He did not name Trump. He did not characterize the tariff ruling or defend it on the merits. He did not respond to the specific insults, "disgrace," "disloyal," "unpatriotic", that Trump leveled at him and Barrett.

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That restraint is itself a statement. Justices who engage in public feuds with presidents diminish the Court. Gorsuch appears to understand that. Whether his restraint will be read as dignity or weakness depends entirely on the reader's priors.

The full interview is set to air Wednesday at 8 p.m. ET on ABC News Live's "All Access" with Linsey Davis. It arrives at a moment when the Court's legitimacy is under pressure from every direction, from a president who attacks justices by name, from liberal justices who publicly criticize the Court's own workload, and from a public increasingly willing to view the judiciary as just another political faction.

Gorsuch will mark a decade on the bench next year. He was confirmed in 2017, and even then, before he had cast a single vote, he was caught between a president who expected loyalty and a Constitution that demands independence.

That tension hasn't changed. If anything, it has sharpened. The Court's recent string of consequential rulings has only raised the stakes for every justice who refuses to be a reliable vote for any president or party.

The real test of judicial independence

Conservatives who believe in constitutional originalism and the separation of powers should take Gorsuch's comments seriously, not as a betrayal of the movement, but as a reminder of what the movement is supposed to stand for. Life tenure exists precisely so that justices can rule against the people who appointed them when the law demands it. That's not disloyalty. That's the design.

The question is whether the country, and the president, can still tolerate judges who take their oaths more seriously than their political debts. Gorsuch says he can. The Constitution says he must.

If that makes him "disloyal," then the word has lost its meaning.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson