Supreme Court Justices Disagree—on These Three Writing Tools
A legal writing professor's examination of U.S. Supreme Court decisions shows the justices usually achieve unanimity on most matters of style. But on three points—conjunctions, possessives and fragments—the justices divide.
March 14, 2018 at 07:24 PM
4 minute read
Justice Elena Kagan (2015). Credit: Diego M. Radzinschi / ALM
Justice Elena Kagan adds an apostrophe and “s” to the possessive of Congress. Justice Clarence Thomas only adds an apostrophe. Chief Justice John Roberts Jr. uses sentence fragments for effect—”Tough as a three-dollar steak.” You won't find fragments in the opinions of Justice Anthony Kennedy in recent terms.
Despite some individual differences, the Roberts court displays a more liberal, modern and conversational bent in writing style in general, Jill Barton, a legal writing professor at the University of Miami School of Law, says in her study “Supreme Court Splits…on Grammar and Writing Style.”
“Language and writing are evolving,” Barton told The National Law Journal. “Some of the choices the justices are making reflect a desire to write in a way that isn't dull or overly formal. And they want their prose to be lively and interesting. Many of the justices—especially Roberts and Kagan—take great care in turning a phrase and how to explain complicated concepts. It doesn't all have to be that boring.”
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