Saturday, May 9, 2015

An Example of Citing Too Many Authorities

In an amicus brief in the current same-sex marriage case before the Supreme Court, we find 26 pages listing cited authorities in a brief with an Argument section of 36 pages. The amici are “100 Scholars of Marriage.”

I suppose the drafter believed that including all these authorities would lead the Justices to give credence to the argument: Same sex marriage leads to a breakdown in the tradition marriage, leading to increased sexual activity outside of marriage, leading to more unwanted pregnancies, leading to more abortions.

Reasonable minds may differ, but I don’t think this argument or the list of cited authorities will sway the Court. You can read the brief here and see what you think.


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