Addressing the Federalist Society’s annual dinner on Thursday, Justice Neil Gorsuch sought to use a recent example to prove his point that government overreach has swept up ordinary Americans in the law.
“I’ve just seen too many cases like that. You have just the other day, some of you might have seen one in the newspaper, if the newspapers are to be believed,” Gorsuch told the crowd of conservative legal minds packed into the Washington Hilton’s ballroom.
“Yes, I’m speaking of P’nut the squirrel,” Gorsuch continued.
Sparking laughter and applause, the justice was referring to an Instagram-famous squirrel that entered the political fray before the election when it was seized and euthanized by New York state over rabies fears. Some conservatives held up the story to suggest that Democrats were willing to neglect the border while prioritizing something as trivial as tracking down someone’s pet.
Gorsuch went on to joke there’s “maybe a sordid side” of P’nut’s tale, referencing reports that the squirrel’s owner has an OnlyFans account.
“[It] may contain a website that’s called ‘just for fans,’” Gorsuch said. “I don't know the details. I'm not aware of any allegation that P’nut was involved in any of those acts.”
Gorsuch on Thursday became the latest conservative justice to deliver the keynote at the Federalist Society’s annual Antonin Scalia Memorial Dinner, named after the late conservative justice, whom Gorsuch replaced on the Supreme Court.
But perhaps more notably was who joined Gorsuch in addressing the influential conservative legal group: retired Justice Stephen Breyer, a member of the Supreme Court’s liberal wing.
Breyer received a warm reception, however, reminding the crowd that he attended the first Federalist Society meeting at Yale University in 1982.
For a half-hour, the two jurists repeatedly heaped praise on the other, insisting they often agree, and projecting a united front amid low public approval of the Supreme Court.
“Each case makes a difference to a lot of people,” Breyer said. “And those judges, you can't say don't criticize them — criticize them, fine. But the institution has to be independent.”
Two other sitting justices, Brett Kavanaugh and Amy Coney Barrett, watched the after-dinner talk from the audience. The three other sitting Republican-appointed justices, John Roberts, Clarence Thomas and Samuel Alito, did not attend.
The dinner, part of the Federalist Society’s annual convention, comes barely a week after President-elect Trump’s White House victory, which has sparked anticipation he will be able to further solidify the Supreme Court’s 6-3 conservative majority for years into the future.
The Federalist Society does not officially take political or legal positions, but the nonprofit has become an incubator for Republican judicial nominees and the conservative legal movement more broadly. Leonard Leo, a longtime former leader of the group, helped Trump select his three Supreme Court picks during his first term.
“Some of you work in federal agencies, state agencies. Some of you might be about to,” Gorsuch joked.
