Lighten Up: John Roberts the Brief-Writer

An easy way to make your brief-writing more appealing? Shun deadweight openers—however, additionally, consequently, accordingly. That technique has worked wonders for the Chief Justice, who Justice Ginsburg once said was the greatest appellate advocate of his generation. Back in his brief-writing days, he showed how a lighter touch—thus, so, but, also—propels the reader forward and…

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Kagan and Kavanaugh Unite: Stop Cutting “That”!

Kagan and Kavanaugh disagree on a lot these days, including in their Borden v. United States face-off. These two prominent Justices do share supreme writing skills, though. Like all great stylists, they trim their respective sentences with gusto, but as I’ve explained elsewhere, follow the lead of these Justices by sparing the word that after…

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