The Supreme Court’s Liberal Approach to Legal Writing
Jill Barton, a former journalist turned attorney and professor of legal writing at the University of Miami, has spent years analyzing the evolution of legal writing, particularly in the context of the U.S. Supreme Court. In her book, The Supreme Guide to Writing, Barton delves into the changing standards of writing style at the highest court of the land, revealing surprising insights into the justices’ approach to language.
Contrary to popular belief, Barton found that the justices of the Supreme Court are not a conservative bunch when it comes to writing style. One notable example she highlights is the shift in attitude towards contractions. During Justice Antonin Scalia’s tenure, he was known for his aversion to contractions, always opting for the more formal versions of words. However, towards the end of his time on the bench, Scalia began to use contractions sparingly. His successor, Justice Neil Gorsuch, has embraced contractions wholeheartedly, earning him the title of “the court’s king of contractions,” according to Barton.
Barton’s research also uncovered the justices’ willingness to depart from traditional grammar rules in favor of clarity and readability. Chief Justice John Roberts, for example, uses commas based on cadence rather than rigid grammar guidelines. Additionally, the justices have shown a preference for active verbs and simpler, more concise phrases in their opinions. They have also adapted to using pronouns that align with litigants’ gender identities and have embraced the singular “they” in place of gendered pronouns.
The Supreme Guide to Writing details instances of unanimity and disagreement among the justices on various usage rules. While each justice maintains internal consistency in how they handle possessives with singular nouns ending in “s,” there is no consensus on whether to use an apostrophe “s” or a single apostrophe. Barton’s book provides valuable insights into the evolving landscape of legal language and offers practical advice for practitioners looking to modernize their writing style.
To test your knowledge of the new writing style advocated by the Supreme Court, Barton has included a quiz in her book. The Modern Law Library’s host scored an impressive 8 out of 10 on the quiz, showcasing the importance of staying up to date with the latest trends in legal writing.
Whether you’re a seasoned attorney or a law student just starting out, The Supreme Guide to Writing is a valuable resource for understanding the liberal approach of the Supreme Court in legal writing. Barton’s work sheds light on the changing standards of language at the highest levels of the judiciary and offers practical tips for incorporating these insights into your own writing.
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