Tag Archives: critical reading

Uncritical Reading Erodes American Liberty

The New York Times reports on a study arguing that Supreme Court justices fail to read amicus briefs with sufficient attention to the sources they cite.

In a 2011 decision about the privacy rights of scientists who worked on government space programs, Justice Alito cited an amicus brief to show that more than 88 percent of American companies perform background checks on their workers.

“Where this number comes from is a mystery,” Professor Larsen wrote. “It is asserted in the brief without citation.”

In a 2012 decision allowing strip searches of people arrested for even minor offenses as they are admitted to jail, Justice Anthony M. Kennedy cited an amicus brief to show that there are an “increasing number of gang members” entering the nation’s prisons and jails. The brief itself did little more than assert that “there is no doubt” this was so.

Liptak, Adam. “Seeking Facts, Justices Settle for What Briefs Tell Them.” New York Times, September 1, 2014. http://www.nytimes.com/2014/09/02/us/politics/the-dubious-sources-of-some-supreme-court-facts.html.

Note: I did not read the original study. But I’d like to think that Professor Larsen is less obviously partial than the authors of amicus briefs.