Scalia error

Richard Lazarus Formally Notified the Supreme Court of Scalia’s Error

Letter Led to Change in Dissenting Opinion

Who knew that the U.S. Supreme Court has a formal process for notifying it about errors in Court opinions? Richard Lazarus, the Howard and Katherine Aibel Professor of Law at Harvard and Supreme Court expert extraordinaire, that’s who. Turns out that after he discovered Justice Scalia’s error about Whitman v. American Trucking (see my earlier post of …

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Dan Farber Highlights Scalia Error in Homer Dissent, Dissent Gets Corrected

Legal Planet post noted error yesterday

Yesterday Dan pointed out that Justice Scalia had made a “cringeworthy” error in his dissenting opinion in EPA v. Homer. Scalia argued — in support of his claim that EPA’s interpretation of the provision of the Clean Air Act that governs cross-state air pollution was inconsistent with the plain language of the statute — that EPA …

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