Supreme Court Justices Discuss Peanut the Squirrel’s Death

The death of Peanut, a squirrel euthanized after being seized by New York state authorities over rabies fears, was discussed by Supreme Court Justice Neil Gorsuch during a dinner hosted by the Federalist Society on Thursday.
Addressing the audience about what he perceives as government overreach, Gorsuch commented: “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.” To laughter from attendees Gorsuch added: “Yes, I’m speaking of Peanut the squirrel.”
Peanut’s death became a rallying point for conservatives ahead of the November 5 presidential election. During an appearance on Joe Rogan’s popular podcast Elon Musk, a close Donald Trump ally, said: “How can it be that we live in America, supposedly the land of the free, and the government can barge into your home with guns, so if you resist, you’re gonna get shot, and then take your pets and execute them?”
Peanut was taken by New York state’s Department of Environmental Conservation (DEC) on October 30, along with a raccoon, and both were killed so they could be tested for rabies. They had been living unlicensed with 34-year-old Mark Longo, based in rural Pine City, who said he had rescued Peanut after the squirrel’s mother was hit by a car. Peanut acquired hundreds of thousands of followers on social media accounts controlled by Longo, and his death sparked outrage online.
Gorsuch, who is generally regarded as a conservative, made his comments at the Federalist Society’s annual Antonin Scalia Memorial Dinner. While the Federalist Society doesn’t take explicit political positions, it is widely viewed as a key incubator of conservative legal talent.
Referencing Longo’s account on Only Fans, a subscription website often used to share pornography, Gorsuch joked there may be a “sordid side” to Peanut’s story. He added: “[It] may contain a website that’s called ‘just for fans.’
“I don’t know the details. I’m not aware of any allegation that Peanut was involved in any of those acts.”
Newsweek contacted Justice Gorsuch via the Supreme Court clerk’s office by telephone and voicemail message on Friday outside of regular office hours.
Retired Justice Stephen Breyer, generally regarded as having been on the Supreme Court’s liberal wing, also spoke at the event and exchanged praise with Gorsuch. Breyer retired in 2022 and President Biden nominated Justice Ketanji Brown Jackson as his replacement.
Speaking to Newsweek about the raid on his house, Longo said: “The DEC showed up in my house and issued me a search warrant for a squirrel and a raccoon. They raided my house as if I was a drug dealer or something. It is the most shocking thing I have ever seen or witnessed in my life.”
In a statement provided to Newsweek, New York State’s DEC and the Chemung County Department of Health said: “On Oct. 30, DEC seized a raccoon and squirrel sharing a residence with humans, creating the potential for human exposure to rabies.
“In addition, a person involved with the investigation was bitten by the squirrel. To test for rabies, both animals were euthanized. The animals are being tested for rabies and anyone who has been in contact with these animals is strongly encouraged to consult their physician.”
They continued: “The Chemung County Department of Health and the New York State Department of Environmental Conservation (DEC) are coordinating to ensure the protection of public health related to the illegal possession of wild animals that have the potential to carry the rabies virus.”
On Tuesday county officials revealed Peanut had tested negative for rabies sparking a new wave of anger online.