When It Comes to Judges, Style Matters
In deciding specific cases, judges often need to decide what complex or vague rules mean for similar cases. If the public can read an opinion and say, "Aha, now I know what that rule means," the rule of law is greatly enhanced.
June 17, 2017 at 12:56 AM
3 minute read
The interminable U.S. Senate proceeding concerning the nomination of Judge Neil Gorsuch to replace Justice Antonin Scalia gave senators plenty of time to examine in detail the opinions he wrote as a judge on the U.S. Court of Appeals for the Tenth Circuit and to question him about them. Every imaginable line of inquiry concerning those opinions was taken when he was grilled in the Judiciary Committee hearings — except one. No one asked him about his writing style.
The first thing any reader notices about his opinions (after reading the result, of course) is the style of his opinions. They're actually readable. He uses contractions like “they're.” He uses short sentences. He writes so that an intelligent reader not versed in the law can understand what he is saying. He does this without sacrificing legal precision. We understand that Justice Elena Kagan was heard to say, long before the last election, that her stylistic hero was Judge Gorsuch.
Here is the start of his opinion for the court about insurance coverage:
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