The court’s practice of editing its opinions after they were issued without public notice, one it has now abandoned, was long a subject of internal criticism.
What to Know About the Supreme Court Term
Card 1 of 5A blockbuster term begins. The Supreme Court, now dominated by six Republican appointees, returns to the bench to start a momentous term this fall in which it will consider eliminating the constitutional right to abortion and vastly expanding gun rights.
The big abortion case. The court seems poised to use a challenge to a Mississippi law that bars most abortions after 15 weeks to undermine and perhaps overturn Roe v. Wade, the 1973 decision that established a constitutional right to abortion. The ruling could effectively end legal abortion access for those living in much of the South and Midwest.
A major decision on guns. The court will also consider the constitutionality of a longstanding New York law that imposes strict limits on carrying guns outside the home. The court has not issued a major Second Amendment ruling in more than a decade.
A test for Chief Justice Roberts. The highly charged docket will test the leadership of Chief Justice John G. Roberts Jr., who lost his position at the court’s ideological center with the arrival last fall of Justice Amy Coney Barrett.
A drop in public support. Chief Justice Roberts now leads a court increasingly associated with partisanship. Recent polls show the court is suffering a distinct drop in public support following a spate of unusual late-night summer rulings in politically charged cases.
By making a “considerable number of corrections and editorial changes in the court’s opinions after their announcement and prior to their publication in the United States Reports,” a court official wrote to Chief Justice Warren E. Burger in 1984, “we actually operate a system that is completely at odds with general publishing practices.”
In an internal memorandum in 1981, Justice Harry A. Blackmun said the court operated “on a strange and ‘reverse’ basis, where the professional editing is done after initial public release.”
These days, the Supreme Court is much better about publicizing its errors.
That is a consequence of changes instituted by the court in response to a 2014 article by Richard J. Lazarus, a law professor at Harvard, who disclosed that the justices had long been revising their opinions without public notice, sometimes amending or withdrawing legal conclusions.
Starting in 2015, the court has been noting revisions on its website. Of the 22 decisions in argued cases issued in June, for instance, eight required revisions, resulting in 30 separate changes.
The opinions in Fulton v. Philadelphia, a major decision on gay rights and religion issued in June, were changed three times to make 10 alterations. Most of them were in Justice Alito’s concurring opinion.
Professor Lazarus called the court’s new transparency a welcome development, adding that the volume of revisions was a good sign.