Stupid Or Wrong?: The Neil Gorsuch Conundrum

Elie Mystal rejoins the Thinking Like A Lawyer crew to reflect on how Neil Gorsuch chose stupid over wrong and the bizarre fixation his acolytes have on doubling down in his defense. Justice Gorsuch asked the government why COVID amounted to an emergency when the flu kills a comparable number of people. The thing is, it doesn't. But rather than be wrong, Gorsuch contends he said something else... that makes no sense and, if true, makes him look stupid. Quite the quandary!