July 11, 2008
Crowdsourcing SCOTUS for Quality Control
After recent highly publicized SCOTUS mistakes, the Right Coast's Tom Smith has offered up an interesting quality control suggestion, using social media to crowdsource draft SCOTUS opinions before finalizing them. About Smith's suggestion, Legal Blog Watch writes "I'd bet that lawyers would jump at the chance to comb through Supreme Court decisions and identify errors. After all, imagine the public recognition that they'd receive. In a way, Smith's proposal would give every lawyer a chance to act as a Supreme Court clerk, if only for a couple of hours."
Not going to happen. Nor is the informal method The Volokh Conspiracy's Paul Cassell used when he was on the bench, namely circulating ""tentative" written rulings to the parties before holding oral argument, and then at the argument asking the parties whether they saw anything wrong with the proposed decision. [JH]
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