In the Wall Street Journal article “Supreme Court Nominee Takes Legal Writing to Next Level,” Joe Palazzolo writes that Judge Neil Gorsuch, Donald Trump’s nominee for the Supreme Court, has elevated legal opinions to “a form of wry nonfiction.” Not only that, “his affinity for language reveals itself in other ways. Poorly drafted laws tend to summon his inner grammarian.”
“We’re all guilty of venial syntactical sins. And our federal government can claim no exception,” Judge Gorsuch wrote in a 2012 dissent, which went on to critique a provision of federal sentencing guidelines “only a grammar teacher could love,” with its “jumble of prepositional phrases.”
In a 2015 opinion, Judge Gorsuch hacked through another “bramble of prepositional phrases” to figure out how to apply a criminal law that heightens penalties for using a gun in the commission of a crime. In what might have been a first, he diagramed the sentence containing the provision in question and illustrated his opinion with it.