Monday, June 2, 2014
Adam Liptak has a terrific, if deeply disturbing, piece in the New York Times: Final Word on U.S. Law Isn’t: Supreme Court Keeps Editing last week.
The Supreme Court has been quietly revising its decisions years after they were issued, altering the law of the land without public notice. The revisions include “truly substantive changes in factual statements and legal reasoning,” said Richard J. Lazarus, a law professor at Harvard and the author of a new study examining the phenomenon.
The article identifies a handful of cases that received more than typographical or editing changes. While none of the changes located actually reverse the Court's decision, some certainly alter substantive comments of the Court and involve language already under discussion by the bench, bar, and legal academia. These identified changes are almost certainly only the tip of the iceberg. The NYT piece is worth reading, and hopefully Lazarus' study will make some waves.