Solicitor General Redacted the Word "Plenary" from a SCOTUS Brief with Marker

https://reason.com/volokh/2024/11/20/that-time-solicitor-general-fried-redacted-the-word-plenary-from-a-printed-scotus-reply-brief-with-a-marker/

by nafnlj • 2 years ago

10 2 2 years ago

reason.com

quantified• 2 years ago

The book tells the story of how Meese revolutionized constitutional law in the Department of Justice, and set the stage for the current originalist majority on the Court

"Originalist" as in "let's try to treat this like a religion and interpret the prophets frozen in their ancient time"

tcj_phx• 2 years ago

This submission is about using a sharpie to 'fix' the government's final booklets for its filing in the Supreme Court of the United States [SCOTUS]. The career lawyers thought the government's right was 'plenary' ("2. unqualified; absolute"). The political head of the department didn't agree, but he couldn't get the career lawyers to remove 'plenary', so he finally fixed the final booklets himself.

The Supreme Court requires filings in paid petitions be submitted on booklets made of 'magic paper'. This requirement is in Rule 33.1: https://www.supremecourt.gov/filingandrules/2023RulesoftheCo...

Rule 33.2 allows people filing 'in forma pauperis' to print their submissions on 8.5x11" paper: https://www.supremecourt.gov/filingandrules/2023RulesoftheCo...

This is an interesting write up about printing booklets for the Supreme Court: http://www.aarongreenspan.com/writing/20130217/petitioning-r...

Solicitor General Redacted the Word "Plenary" from a SCOTUS Brief with Marker

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