Home > Uncategorized > Harvard Law study finds Supreme Court editing its decisions without notice

Harvard Law study finds Supreme Court editing its decisions without notice

Originally posted on E Pluribus Unum:

scotus-steps

This morning, Adam Liptak reported at the New York Times that the Supreme Court has been quietly editing its legal decisions without notice or indication. According to Richard J. Lazarus, a law professor at Harvard Liptak interviewed about a new study examining the issue, these revisions include “truly substantive changes in factual statements and legal reasoning.”

The court does warn readers that early versions of its decisions, available at the courthouse and on the court’s website, are works in progress. A small-print notice says that “this opinion is subject to formal revision before publication,” and it asks readers to notify the court of “any typographical or other formal errors.”

But aside from announcing the abstract proposition that revisions are possible, the court almost never notes when a change has been made, much less specifies what it was. And many changes do not seem merely typographical or formal.

Four legal publishers are granted…

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