Neil Gorsuch Praises Founding Fathers for Keeping Secrets After SCOTUS Leak

After memos from Chief Justice John Roberts were leaked on Sunday, triggering yet another round of press involving the Supreme Court, Justice Neil Gorsuch underscored the vital importance of confidentiality—something he said was valued even by the Founding Fathers.
Speaking at the National Constitution Center (NCC) on Tuesday, Gorsuch invoked the Constitutional Convention’s precedent of secrecy to highlight the significance of trust and discretion within institutions.
“The framers promised not to leak any of their deliberations,” Gorsuch said, emphasizing that this trust helped the Founding Fathers reach compromises that shaped the future of the nation. “What was said in that room—the room where it happened—stayed there. That trust helped them get to an agreement. Was it perfect? No, but it was a heck of a lot better than what came before.”
Gorsuch’s remarks come as the Supreme Court grapples with questions about its own confidentiality and the impact of leaks, following revelations from a private memo circulated by Roberts that was obtained by The New York Times.
According to the Times, Roberts communicated to his fellow justices in February that he wanted the court to take up a case addressing Donald Trump’s claim of presidential immunity. He appeared inclined to side with the former president.
“I think it likely that we will view the separation of powers analysis differently,” Roberts wrote, referring to the D.C. Circuit Court of Appeals’ decision to allow the case to proceed.
Roberts’ unusual hands-on involvement in cases concerning Trump, as reported by the Times, caught even some of his colleagues off guard, including justices from both sides of the ideological spectrum. During Trump’s presidency, he appointed three justices to the current conservative supermajority.
One notable instance came in March when the court considered whether Colorado, or any state, had the authority to remove a federal candidate from the ballot. Roberts persuaded the justices to issue an unsigned opinion—signaling a united front—that states could not unilaterally disqualify federal candidates. However, conservative justices pushed to include a requirement that congressional approval be needed to enforce the Constitution’s ban on insurrectionist candidates.
Additionally, according to the memos, Roberts had initially asked Justice Samuel Alito in April to write the majority opinion for Fischer v. United States, before later deciding to write it himself, an extremely rare move. In June, the Supreme Court ruled 6-3 that a federal charge of obstructing an official proceeding requires proof that a defendant attempted to tamper with or destroy documents.
This decision has led to the reexamination of cases involving hundreds of Trump supporters charged in connection with the 2021 Capitol riot.
Gorsuch, a central figure in the court’s conservative majority, used the NCC discussion to draw parallels between today’s divisive political climate and the ideological rifts faced by the framers in 1787. He argued that the same principles of confidentiality and trust helped resolve those divisions back then.
“We live in a pretty tough time,” Gorsuch said. “You think that’s unique to our time, but it really isn’t. They trusted one another, and that helped them reach an agreement.”
The issue of leaks has become increasingly relevant as the Supreme Court’s inner workings face mounting scrutiny. The recent leak of Justice Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization, which led to the overturning of Roe v. Wade, was seen as an unprecedented breach of that institutional trust.
Gorsuch’s reflections went beyond just secrecy; he also emphasized the enduring importance of civility in public discourse. Quoting his wife’s grandmother, he noted, “You’re going to have a lot of regrets in life, but the one thing you’ll never regret is being kind.”