Becoming Justice Gorsuch | 2. The Stolen Seat
Slow Burn
Slate Audio
4.6 • 25.2K Ratings
🗓️ 20 May 2026
⏱️ 45 minutes
🧾️ Download transcript
Summary
When Justice Antonin Scalia died in February of 2016, the Supreme Court appeared to be headed for a 5-4 liberal majority. Instead, a staggering blockade by Senate Republicans and a shocking electoral upset helped steal a seat and clear the way for today’s conservative supermajority. In our second episode, we examine Neil Gorsuch’s politically fraught path to power and his time on the bench so far, including the unpredictability that has made him the high court’s wild card.
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Season 11 of Slow Burn was written and reported by Susan Matthews. It was produced by Sophie Summergrad and Joel Meyer. It was edited by Mia Lobel, Hillary Frey, and Evan Chung. Original music and sound design by Hannis Brown. Mia Lobel is the executive producer of Slate Podcasts.
Our legal editor is Mark Joseph Stern. Special thanks to Dahlia Lithwick, Sara Burningham, and Patrick Fort. Episode artwork by Natalie Matthews-Ramo.
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Transcript
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| 0:00.0 | Do you remember where you were when you heard that Justice Scalia died? |
| 0:04.3 | Well, yes, of course. I was on vacation in St. Martin, on the French side with my now husband, |
| 0:11.4 | and we had just finished dinner. It was later in the day when the news broke. |
| 0:15.1 | That's my colleague, Mark Joseph Stern. He covers the Supreme Court for Slate. |
| 0:19.6 | I knew he would remember exactly where he was when he |
| 0:22.4 | learned of Scalia's death. And Nina Totenberg, by the way, NPR correspondent, was in the Virgin Islands. |
| 0:27.7 | This happened during a break when a lot of Supreme Court reporters go on vacation. And justices, too. |
| 0:34.1 | Justice Scalia was on a hunting vacation. And I remember it was wild news. |
| 0:40.9 | Antonin Scalia was 79 years old, which, yeah, it's old. But no one was expecting him to die. |
| 0:48.2 | Like Mark says, he was on vacation. And one morning, he didn't make it down for breakfast. He had died overnight of a heart attack. |
| 0:56.2 | Journalists everywhere started scrambling to get the news out. |
| 0:59.9 | There was one spot in our room. |
| 1:02.2 | It was actually on the balcony where I could get Wi-Fi. |
| 1:04.9 | And so I was like writing stories and like emailing and stuff, |
| 1:08.6 | standing on a chair holding my laptop up in the air trying to get the |
| 1:11.3 | Wi-Fi signal. It was a crazy time. It's a big deal when any Supreme Court justice dies. |
| 1:17.2 | But Antonin Scalia was not just any Supreme Court justice. I mean, listen to this guy. |
| 1:24.0 | In this job, it's garbage in, garbage out. If it's a foolish law, you are bound by oath to |
| 1:29.0 | produce a foolish result. Justice Scalia was larger than life. He was the intellectual leader of |
| 1:35.2 | the conservative wing of the court. Scaliah was also the man who helped start the new conservative |
| 1:40.6 | movement that took off while Neil Gorsuch was still in law school. |
| 1:45.5 | In the early 1980s, when Scalia was a law professor at the University of Chicago, he became |
... |
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