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U.S. Supreme Court,
Law Practice,
Appellate Practice

Mar. 30, 2022

KBJ linguistic style can provide rich insight into legal opinions

While my study cannot say anything about how Judge Jackson may vote or what her jurisprudence may look like if elevated to the Supreme Court, it does provide an insight into the linguistic style she will likely employ in writing opinions if confirmed.

James Phillips

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With the historic nomination of Judge Ketanji Brown Jackson, many are wondering what type of justice she will be if confirmed. Most have focused on predicting outcomes she would reach on the Court from how she decided cases as a lower court judge. But perhaps that is not a complete picture. Given that lower courts treat the words of Supreme Court opinions as law, how justices write those opinions has important significance.

I recently com...

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