The Court and Foreign Sources, continued

Kennedy's Assault on Editorial Writers

By Charles Lane
Monday, April 3, 2006; Page A17

Although the Supreme Court tries to make its opinions as clear and convincing as possible, its decisions do occasionally come in for criticism on the editorial pages of the nation's newspapers.

For the most part, the court has absorbed its negative reviews stoically. But one justice, Anthony M. Kennedy, apparently has had enough of the slings and arrows. Lately, he has been publicly lashing out at editorialists who, he says, write as if they have not even read the court's opinions.

Last week, he addressed the American Society of International Law in Washington. In response to a question about how the organization could enhance public understanding of the role of foreign law in Supreme Court opinions -- a controversial topic of late -- Kennedy replied: "One thing you can do is suggest to editorial writers that they read the opinions before they write their editorials."

Social scientisits have long understood dissemination of rulings is problematic. Is the Supreme Court really considering making the pledge of allegiance illegal? Has it told students they may not pray in school?

Some of the court cases that seem silly in fact are silly, as "implemeters" err on the side of caution, and thus end up being sued.