Practice writing like a Supreme Court justice
These lines from Justice Sotomayor’s powerful dissent in Trump v. CASA, Inc. , are edited to muddy the meaning. Try to clarify the meaning—just like she did.
Clear Writing Exercise
Transform unclear legal writing into clear, direct sentences like Justice Sotomayor.
Level 1
Exercise 1: Birthright Citizenship
Unclear version:
"The acquisition of citizenship status by young individuals whose birth occurs within the territorial boundaries of the United States and who are subject to the jurisdictional authority thereof constitutes a principle that has been recognized since the establishment of the nation, with precedent for such recognition existing in English common law traditions that predate the founding era."
"The acquisition of citizenship status by young individuals whose birth occurs within the territorial boundaries of the United States and who are subject to the jurisdictional authority thereof constitutes a principle that has been recognized since the establishment of the nation, with precedent for such recognition existing in English common law traditions that predate the founding era."
Context: This sentence is trying to explain the basic rule of birthright citizenship in the United States.
Your clear version:
Aim for 40 words—that's cutting more than half from the wordy version.
Clarity problems to fix:
- Nominalizations: Use a simple direct verb instead of "acquisition."
- Wordy phrases: Simplify phrases like "young individuals whose birth occurs" to "children born."
- Buried main point: Describe the "legal rule" instead of using indirect phrasing about principles and authority.
- Unnecessary jargon: Simplify legalese like "territorial boundaries" and cut out repetition.
✨ Nice clarity work! Let's see how Justice Sotomayor wrote it . . . . ✨
Justice Sotomayor's clear version:
"Children born in the United States and subject to its laws are United States citizens. That has been the legal rule since the founding, and it was the English rule well before then."
"Children born in the United States and subject to its laws are United States citizens. That has been the legal rule since the founding, and it was the English rule well before then."
What makes it clearer:
| Unclear | Clear | Why it's better |
|---|---|---|
| "acquisition of citizenship status" | "are United States citizens" | Direct statement, active voice |
| "individuals whose birth occurs" | "Children born" | Simple, concrete language |
| "territorial boundaries" | "in the United States" | Plain English |
| "constitutes a principle that has been recognized" | "That has been the legal rule" | Shorter, clearer, active |
Level 2
Exercise 2: The Dred Scott Error
Unclear version:
"A determination was made by this judicial body on a previous occasion to engage in a repudiation of the aforementioned principle, resulting in a holding in the matter of Dred Scott v. Sandford, wherein it was concluded that offspring of persons held in a state of enslavement who were of African descent were not to be considered as possessing the status of citizens."
"A determination was made by this judicial body on a previous occasion to engage in a repudiation of the aforementioned principle, resulting in a holding in the matter of Dred Scott v. Sandford, wherein it was concluded that offspring of persons held in a state of enslavement who were of African descent were not to be considered as possessing the status of citizens."
Context: This sentence describes the Supreme Court's infamous Dred Scott decision that denied citizenship to Black Americans.
Your clear version:
Aim for 25 words—that's cutting about 60% from the wordy version.
Clarity problems to fix:
- Passive voice: "A determination was made" hides who acted.
- Wordy phrases: Simplify "engage in a repudiation" to "repudiate."
- Euphemisms: Use precise terms like "enslaved" instead of "persons held in a state of enslavement."
- Buried actor: Be direct with "this Court" instead of "this judicial body."
✨ Nice clarity work! Let's see how Justice Sotomayor wrote it . . . . ✨
Justice Sotomayor's clear version:
"This Court once attempted to repudiate it, holding in Dred Scott v. Sandford, that the children of enslaved black Americans were not citizens."
"This Court once attempted to repudiate it, holding in Dred Scott v. Sandford, that the children of enslaved black Americans were not citizens."
What makes it clearer:
| Unclear | Clear | Why it's better |
|---|---|---|
| "A determination was made by this judicial body" | "This Court" | Active voice, clear actor |
| "engage in a repudiation" | "attempted to repudiate" | Simple verb, adds judgment |
| "persons held in a state of enslavement" | "enslaved black Americans" | Direct, honest language |
| "were not to be considered as possessing the status" | "were not citizens" | Shorter, more concrete |
Level 3
Exercise 3: The Constitutional Fix
Unclear version:
"For the purpose of effectuating a remediation of the aforementioned judicial error of significant gravity, legislative action was undertaken by Congress in the year 1866 and subsequent ratification procedures were completed by the States in the year 1868 with respect to the Citizenship Clause component of the Fourteenth Amendment, whereby the principle of citizenship acquisition through circumstances of birth was incorporated into the constitutional framework."
"For the purpose of effectuating a remediation of the aforementioned judicial error of significant gravity, legislative action was undertaken by Congress in the year 1866 and subsequent ratification procedures were completed by the States in the year 1868 with respect to the Citizenship Clause component of the Fourteenth Amendment, whereby the principle of citizenship acquisition through circumstances of birth was incorporated into the constitutional framework."
Context: This sentence explains how the Fourteenth Amendment fixed the Dred Scott decision by guaranteeing birthright citizenship.
Your clear version:
Aim for 35 words—that's cutting about 65% from the wordy version.
Clarity problems to fix:
- Throat-clearing: Cut those wordy warm-ups like "[f]or the purpose of effectuating."
- Nominalizations: Use direct verbs instead of "remediation," "ratification procedures," and "acquisition."
- Passive voice: Avoid hiding who did what.
- Bureaucratese: Refine legalese like "incorporated into the constitutional framework."
✨ Nice clarity work! Let's see how Justice Sotomayor wrote it . . . . ✨
Justice Sotomayor's clear version:
"To remedy that grievous error, Congress passed in 1866 and the States ratified in 1868 the Fourteenth Amendment's Citizenship Clause, which enshrined birthright citizenship in the Constitution."
"To remedy that grievous error, Congress passed in 1866 and the States ratified in 1868 the Fourteenth Amendment's Citizenship Clause, which enshrined birthright citizenship in the Constitution."
What makes it clearer:
| Unclear | Clear | Why it's better |
|---|---|---|
| "For the purpose of effectuating a remediation" | "To remedy" | Simple infinitive phrase |
| "judicial error of significant gravity" | "that grievous error" | Stronger, simpler adjective |
| "legislative action was undertaken" | "Congress passed" | Active voice, clear actor |
| "incorporated into the constitutional framework" | "enshrined...in the Constitution" | Vivid verb, plain English |
✦ Clarity Skills: Supreme! ✦
You've successfully transformed dense legalese into clear, powerful prose worthy of Justice Sotomayor.
Remember: The best legal writing is not about sounding smart—it's about being understood.
You can be a great legal writer.