Tuesday, December 16, 2014

Justice Scalia Admits Fault

We all make mistakes, even Justice Scalia. In his dissent in Dart Cherokee Basin Operating Co., LLC v. Owens, here, Justice Scalia owned up to an error in a 2013 case, an error he said he would take "to the grave." But he also made an important point, so eloquently put by Justice Jackson:

"I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday."

This sentiment serves as a good reminder to legal writers. Correct past errors in your writing, don't perpetuate them.

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