Justice Gorsuch's Excessive Concurrence Delayed an Urgent Supreme Court Decision
Source: Josh Blackman. "Justice Gorsuch's Campy Concurrence." February 23, 2026. reason.com
The Gist
The author argues that Justice Gorsuch unnecessarily delayed an important Supreme Court decision by writing an overly long response to his colleagues' opinions. Since tariffs were being collected every day while the case was pending, this delay caused real harm that could have been avoided.
Conclusion
Justice Gorsuch's unnecessarily lengthy 46-page concurrence caused harmful delays in a time-sensitive Supreme Court case where tariffs were being collected daily
Premises
- The case was quasi-emergency with an active stay and daily tariff collections requiring prompt resolution
- The Court took five months to produce 170 pages across seven opinions but failed to address the actual remedial issue
- Gorsuch wrote a 46-page concurrence despite joining the majority opinion in full, forcing other justices to respond
- Other justices' opinions were likely ready much earlier - Roberts could have written his before breakfast, Kavanaugh had developed his dissent during oral argument
- Gorsuch's colleagues gave his arguments minimal attention, with Barrett calling them 'straw man' arguments and Kagan refusing to 'relitigate' old debates
- The concurrence was entirely responsive to other opinions rather than adding substantive legal analysis
Assumptions
- Emergency or quasi-emergency Supreme Court cases should be decided with 'all deliberate speed'
- Concurring opinions should add substantive value rather than merely responding to other justices
- The delay in this case was primarily attributable to one justice rather than institutional factors
- A 46-page concurrence that joins the majority in full is presumptively excessive