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Monday, August 29, 2005

Hoping for better written Supreme Court opinions.

Stories like this, about John Roberts's attention to editing and writing style, have inspired me to hope for far better written Supreme Court opinons in the future. I've also gotten in touch with depth of my displeasure over the writing in Supreme Court opinions, which it is my job to read and to make other people read.

From the linked article:
Careful wording is "part of his approach to the practice of law," said David G. Leitch, the general counsel to the Ford Motor Company, who overlapped with Mr. Roberts at the law firm Hogan & Hartson and at the Justice Department in the 1990's. Something as minor as punctuation style could cause Mr. Roberts to demand revisions; longer debates "over the way certain sentences were phrased and the possible unintended meaning of certain phraseology" were a hallmark of his style, Mr. Leitch said.

"Judge Roberts always viewed it as a point of pride that we really strived to make everything in our briefs perfect," Mr. Leitch said. "Not that we always achieved it. But he was a stickler for everything, from spacing errors to the formation of quotation marks to grammar, and to the actual construction of arguments. So it was definitely an intense process."

In Judge Roberts's view, he said, "your brief writing conveys not only your argument to the court, but it also conveys a sense of your credibility and the care with which you put together your case."

The writing of lawyers does indeed convey an important message about the quality of their argument to the court. By the same token, the writing of judges conveys an important message to the lawyers and others who are thinking about how much to respect the work of the courts.

The bloated, flabby, obfuscatory writing, strewn across multiple opinions has wearied readers for two decades. Justice Roberts will bring us crisp phrasing, clear reasoning, and single opinions for the Court — I hope.

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