Supreme Court Justice Neil Gorsuch Faces Right-Wing Backlash Over Civic-Nationalism Message

Supreme Court Justice Neil Gorsuch promoted his children’s civics book, *Heroes of 1776: The Story of the Declaration*, on a May tour that featured Fox & Friends, Hugh Hewitt, Megyn Kelly and stops at the Reagan, Nixon and Bush presidential libraries. He called the United States a “creedal nation” founded on the Declaration’s ideas rather than religion or culture.

Salon

Traditional Republicans like Reagan and Bush embraced civic nationalism, but Trump-era conservatives increasingly favor an ethnic definition of citizenship. The administration’s *Trump v. Barbara* case seeks to end birthright citizenship, and Gorsuch’s observation that the Fourteenth Amendment contains no reference to “domicile” was read as a warning of a possible ruling against the policy.

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Key participants include Justice Gorsuch, former Trump adviser Steve Cortes, Heritage Foundation president Kevin Roberts, blogger Curtis Yarvin, commentator Jeremy Carl, Federalist writer Sean Davis, and Washington Examiner writer Timothy HJ Nerozzie.

Salon

The book, co-written with a former clerk, debuted early May ahead of the nation’s 250th anniversary. Gorsuch’s itinerary comprised at least five media appearances and three presidential-library visits.

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The episode shows a widening rift between civic-nationalist conservatism and a newer ethnic identity politics. Critics say Gorsuch’s stance erodes the movement’s narrative; supporters view the backlash as evidence of anti-institutional sentiment, raising questions about the Court’s legitimacy.

Salon

Gorsuch told *Reason* that the United States is founded on the Declaration’s ideas rather than religion or a common culture, emphasizing judicial independence. Heritage Foundation president Kevin Roberts said Gorsuch’s perspective departs from the nation’s founding principles.

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Steve Cortes called Gorsuch “amazing how wrong” and argued America is a Christian nation. Curtis Yarvin labeled the remarks “cuck energy.” Jeremy Carl called it “the broad intellectual failure of the conservative legal movement.” Sean Davis and Timothy Nerozzie demanded a precise creed and consequences for non-adherence, while Cortes warned Gorsuch was “prepping us for an absurd Birthright Citizenship ruling.”

Salon

• “It’s not based on a common culture, even, or heritage. It’s based on those ideas.” — Neil Gorsuch, Reason interview

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• “clearly a Christian nation founded on the principles of Western Civilization, with the culture and mores of Europe.” — Steve Cortes, X

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• “completely divorced from our founding.” — Kevin Roberts, Heritage Foundation

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• “cuck energy.” — Curtis Yarvin, X

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• “Give us the precise creed, and let us know the consequences citizenship-wise for rejecting it,” — Sean Davis, The Federalist

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The backlash comes mainly from right-wing outlets, not liberal critics, highlighting a partisan split over the meaning of a “creedal nation.” Sources do not agree on how Gorsuch’s “domicile” comment would affect future rulings.

Salon