{"id":335,"date":"2026-07-03T14:08:44","date_gmt":"2026-07-03T14:08:44","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=335"},"modified":"2026-07-03T14:08:44","modified_gmt":"2026-07-03T14:08:44","slug":"a-tale-of-two-justices-and-their-childrens-books","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=335","title":{"rendered":"A tale of two justices and their children\u2019s books"},"content":{"rendered":"
\n

Now that the court has handed down its final opinions in argued cases for the 2025-26 term, Supreme Court observers must account not only for what has been decided but, on a lighter note, the most recent children\u2019s book written by a justice. And as we celebrate the 250th anniversary of the nation\u2019s founding, the spotlight is on Neil Gorsuch\u2019s Heroes of 1776, co-written with Janie Nitze, his former law clerk.<\/p>\n

Read more The Trump term?<\/a><\/p>\n

Gorsuch is not the only justice to have written for young readers. Indeed, Justice Sonia Sotomayor has written five children\u2019s books while Ketanji Brown Jackson recently published a young-adult version of her memoir Lovely One. More than two decades ago, Justice Sandra Day O\u2019Connor published Chico, the first children\u2019s book by a justice. Chico tells the story of a young girl named Sandra who lives on a ranch with her beloved horse; drama and life lessons ensue after they encounter a rattlesnake on a ride far from home.<\/p>\n

The phenomenon of justices writing children\u2019s books has been noted and \u2013 par for the course in our highly partisan era \u2013 criticized by some. The Economist has written about justices building their own brands. Writing a book, even one for young readers, is certainly a way to do that, although it may be a bit unseemly for a public servant to appear to be cashing on his or her celebrity.<\/p>\n

Moreover, there seems to be tension between a justice\u2019s commitment to showing the public that the court is an impartial institution above the fray, on the one hand, and promoting books on partisan media outlets. When Gorsuch goes on Fox News and states the justices\u2019 disagreements over how to interpret the Constitution have \u201cnothing to do with politics,\u201d for example, the medium gets a bit in the way of the message. As an article on Bloomberg Law noted in May, \u201cWhere Gorsuch chose to talk about his new children\u2019s book\u201d \u2013 the National Review, Reason, and Hugh Hewitt\u2019s radio show, along with Fox News, CBS news, ABC News, and with David French of the New York Times \u2013 \u201cshows how the court\u2019s liberal-conservative divide can extend even to the justices\u2019 publicity tours.\u201d<\/p>\n

Having acknowledged these concerns, what if, instead of continuing to pile on, we take Gorsuch at his word? In the parlance of one of his favorite interpretive methodologies, if we apply a textualist approach to Heroes of 1776, can we learn something about the justice who co-wrote the book? I believe we can, especially when we compare Heroes to Sotomayor\u2019s Just Ask!, her children\u2019s book published in 2019.<\/p>\n

So let\u2019s do just that.<\/p>\n

***\u00a0<\/p>\n

Aesthetically, Heroes of 1776 is a masterpiece. The artwork is beautiful. The writing is also dramatic and, for a children\u2019s book, quite sophisticated. Amazon says the 48-page book is intended for students from preschool through third grade but adds that customers say the reading age is \u201c7+\u201d years. Indeed, the book could easily be assigned to fifth grade students without insulting their intelligence.<\/p>\n

In his judicial opinions, Gorsuch can be a compelling storyteller. Just one example: In 2015, as a judge on the U.S. Court of Appeals for the 10th Circuit, Gorsuch provided a vivid account of the pretrial developments in a medical malpractice case. While teaching the case in my Civil Procedure course to explain how the pleading, discovery, and scheduling rules inform the strategic choices made by counsel, I tell students that they never will read a more engrossing account of a party\u2019s request to amend a final pretrial order under Federal Rule of Civil Procedure 16(e). And then there are lines such as this: \u201cFor all our extensive pretrial procedures, even the most meticulous trial plan today probably remains no more reliable a guide than the script in a high school play \u2013 provisional at best and with surprising deviations guaranteed.\u201d<\/p>\n

More recently, one of Gorsuch\u2019s most well-known opinions, Bostock v. Clayton County<\/em>, which addressed whether the protections of a federal civil rights law extend to gay and transgender persons, also demonstrated his crisp writing. There, Gorsuch distilled the essence of the case in a single sentence: It \u201cis impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.\u201d<\/p>\n

Heroes of 1776 demonstrates such excellent writing: the book employs short sentences with active verbs, pays close attention to the chronology of events, and has an eye for telling detail. Everyone knows about John Hancock\u2019s overly large signature on the Declaration of Independence. But what about the \u201csmaller and wobblier\u201d signature of Rhode Island\u2019s Stephen Hopkins? It isn\u2019t that Hopkins \u201clacked courage,\u201d Gorsuch and Nitze explain. \u201cHopkins suffered an illness that made his hands shake. Usually, he let others write for him, but today he wanted to do it alone. \u2018My hand trembles,\u2019 he announced as he signed, \u2018but my heart does not!\u2019\u201d<\/p>\n

Substantively, Heroes aligns with Gorsuch\u2019s jurisprudence. It\u2019s not surprising that an originalist would devote his first children\u2019s book to the story of the Declaration of Independence, and it\u2019s not surprising that Gorsuch would tell a tale that celebrates liberty, limited government, and popular sovereignty.<\/p>\n

But Gorsuch also attempts to deal with \u2013 or at least acknowledge \u2013 the limits of the founders\u2019 commitment to the principles they championed. Gorsuch and his coauthor recognize that even as the Declaration of Independence proclaimed that \u201call men are created equal,\u201d slavery existed in the colonies and women\u2019s rights were severely limited by law. In their account of the events of 1776 and the Revolutionary War, the authors tell the story of James Armistead Lafayette, a Black American who served as a spy for America. They also note that \u201c[w]omen formed their own resistance groups\u201d and describe briefly two who served in battle.<\/p>\n

Read more 250 and the court<\/a><\/p>\n

The last page of text, opposite the inside of the back cover, sets out a \u201cMessage from Neil Gorsuch.\u201d Here he recounts the nation\u2019s history of combatting inequality, citing the women gathered in Seneca Falls in 1848 to demand equal rights, President Abraham Lincoln\u2019s call \u201cto abolish slavery\u201d during the Civil War, and Dr. Martin Luther King\u2019s \u201cI have a Dream\u201d speech in 1963. These campaigns for gender and racial equality explicitly invoked the Declaration of Independence.<\/p>\n

Perhaps Gorsuch\u2019s message will defuse criticism by those who argue that he should have said more about slavery in his book. (On the same page that Gorsuch and Nitze describe Thomas Jefferson\u2019s role in writing the Declaration, they include a standalone description of his mockingbird, Jefferson\u2019s \u201cconstant companion\u201d who occasionally \u201cwould take food from his lips.\u201d Surely, a critic could argue, the fact that Jefferson owned more than 100 slaves in 1776 warrants at least as much attention as his pet bird.)<\/p>\n

One recurring theme throughout the book, which I\u2019ll conclude with, is its display of compassion for those who sacrificed so much for the nation\u2019s independence. Fairly or not, compassion is not always a term one associates with Gorsuch, who was grilled at his Supreme Court confirmation hearings for his dissent in the so-called \u201cfrozen trucker\u201d case. In that case, as the Washington Post summarized, \u201cGorsuch ruled against Alphonse Maddin, a driver who claimed he was wrongly fired after ignoring a supervisor\u2019s demands and leaving an unheated truck to seek safety in freezing temperatures.\u201d<\/p>\n

Compassion is a quality that may come to mind more readily with the other justice and children\u2019s book author we\u2019ll be looking at, Sonia Sotomayor. When President Barack Obama announced his nomination of Sotomayor to the Supreme Court, he praised her for having \u201ca common touch and a sense of compassion; an understanding of how the world works and how ordinary people live.\u201d Indeed, one point of contention at Sotomayor\u2019s Supreme Court confirmation hearings was that she took compassion (or its close relative, empathy) too far, as reflected in her \u201cwise Latina woman\u201d comment to a group of law students in 2001. During that speech, Sotomayor said, \u201cI would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.\u201d<\/p>\n

Sotomayor had to clarify what she meant by that remark at the hearings, stating, \u201cupfront, unequivocally and without doubt\u201d that she did not \u201cbelieve that any ethnic, racial or gender group has an advantage in sound judging.\u201d At one point, Sotomayor said, the \u201cwords I chose, taking the rhetorical flourish, it was a bad idea.\u201d Nevertheless, she has stood by her view that the legal system is enriched by a diversity of perspectives and experiences. And her embrace of diversity is apparent in Just Ask! Be Different, Be Brave, Be You, the third of her books aimed at younger readers, published in 2019.<\/p>\n

The book begins with a letter to readers, in which Sotomayor explains that she was diagnosed with juvenile diabetes, which required her to give herself insulin shots. \u201cSometimes I felt different,\u201d she writes, and she knew that other kids were curious about what she was doing but never asked her about it. As Sotomayor grew older, she writes, \u201cI realized that there are many ways to be, that I was not alone in feeling different.\u201d So, she wrote this book \u201cto explain how differences make us stronger in a good way.\u201d<\/p>\n

And that Sotomayor does, in a 32-page book intended for students from preschool through third grade; Amazon\u2019s customers concur, saying the reading age is between four and seven years. Just Ask! introduces us to several children who are disabled and poses a question to the reader on every other page. For example, we meet Manuel, who has attention-deficit\/hyperactivity disorder and explains that \u201c[w]hen my teachers and friends are patient with me when I forget something or get distracted, I can get myself back on track.\u201d On the next page, the book asks, \u201cWhat\u2019s helpful to you?\u201d<\/p>\n

With its embrace of difference and diversity, Just Ask! accords with Sotomayor\u2019s judicial philosophy. This was embodied by her dissent in Students for Fair Admissions v. Harvard<\/em>, in which she decried the majority\u2019s decision invalidating two universities\u2019 race-based admissions policies for violating the 14th Amendment\u2019s equal protection clause.<\/p>\n

Sotomayor\u2019s impassioned dissent concluded:<\/p>\n

Notwithstanding this Court\u2019s actions \u2026 society\u2019s progress toward equality cannot be permanently halted. Diversity is now a fundamental American value, housed in our varied and multicultural American community that only continues to grow. The pursuit of racial diversity will go on. Although the Court has stripped out almost all uses of race in college admissions, universities can and should continue to use all available tools to meet society\u2019s needs for diversity in education.<\/p><\/blockquote>\n

Gorsuch and Sotomayor come from different backgrounds, were appointed by presidents from different parties, and have disagreed on some of the most important and controversial issues before the Supreme Court. Their children\u2019s books reflect their different life experiences and views. Gorsuch reveres the ideals of the founding while Sotomayor celebrates the value of diversity.<\/p>\n

But that\u2019s not the end of the story. These justices\u2019 approaches, despite their differences, can be seen as complementary. Gorsuch\u2019s message in Heroes is that \u201cthe torch passes to each new generation to defend the Declaration\u2019s ideals and help make our Nation truer to them still.\u201d Sotomayor\u2019s Just Ask! shows just how different and diverse the generation is that will take on this challenge.\u00a0<\/p>\n

Read more An immigration law error in the court\u2019s asylum decision threatens immigration courts<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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