March 4, 2014

The Chief Justice confesses that he wrote his opinion "hastily... and while my mind was occupied and wearied by the business of the day."

He expresses fear that "it is less concise and connected than it might otherwise have been," he admits that he hasn't referred to case law and merely noting that the various cases are "distinguishable," and though he doesn't detail what "the best writers on government and the rights of men" have written, he assures us that their "sentiments... harmonize with the principles" he's following.

That was Chief Justice John Jay, in 1793. Standards have changed since then, and these days the writings of the Supreme Court never concede that the Justice gave less than his all to the problem at hand. All the citations are meticulously laid out, and the supporting authorities are quoted tediously. We may grow weary reading what the judges write these days, but if they were weary too, they'd never tell. They're so afraid of being accused of sloppiness, that they earnestly enlist reporters to do PR work for them, assuring the public that they are hard at work, diligently solving complex legal problems according to the highest standards of professionalism.

7 comments:

Seeing Red said...

I thought clerks do all the heavy lifting now? In 1793 he might have actually written his opinion.

Ann Althouse said...

They also wrote individual opinions instead of joining in one opinion that one Justice writes.

tim maguire said...

Maybe it didn't matter so much prior to Marbury.

paul a'barge said...

SCOTUS Chief Justice Roberts - Obamacare is a tax.

If Jay was napping at the wheel, Roberts is walking clueless. And the rest of us are screwed.

This is what happens when people vote for Barack Obama. Never forget. And yes, Roberts is a gift from Bush 2.

Vive la difference - miniscule.

Carl said...

It was a different age. Modesty was considered becoming.

Mark O said...

No. No. For certain that was exactly what happened to the Dread Pirate Roberts.

Beldar said...

Today's Justices have the best of law clerks to insulate them from all such accusations of short-shrifting any case.

That's been true, though, for many decades now.