The current SCOTUS is historically cantankerous

U.S. Supreme Court members
(Image credit: Chip Somodevilla/Getty Images)

An analysis of Supreme Court decisions dating back to the court's earliest cases in the 1700s found that with time SCOTUS has become increasingly accessible — but also increasingly long-winded and grouchy. While decisions are easier to read than they used to be, they've ballooned in length — think 4,000 words for Brown v. Board of Education (1954) and more than 10 times that for Citizens United (2010) — and use an increasingly unfriendly vocabulary.

And when we look at the language choices of specific justices, the current court lineup is historically unpleasant (at least on paper): Sitting Justices Samuel Alito, Stephen Breyer, Clarence Thomas, Anthony Kennedy, and Antonin Scalia all rank in the top ten unfriendliest decision writers in SCOTUS history. Their colleagues were either more temperate (Roberts and Ginsburg) or too new to the court to be included in the study (Kagan and Sotomayor).

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up
To continue reading this article...
Continue reading this article and get limited website access each month.
Get unlimited website access, exclusive newsletters plus much more.
Cancel or pause at any time.
Already a subscriber to The Week?
Not sure which email you used for your subscription? Contact us
Bonnie Kristian

Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.