Please note!

This fact brief was originally published as an experiment to test the concepts behind fact briefs.

Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF

Does the Supreme Court correct factual errors in its opinions after they are published?

Saturday, October 31, 2020

By Christopher Hutton

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YES

Supreme Court opinions are carefully drafted and reviewed, but with time pressures, confidentiality needs and complex issues to explain, errors happen. ProPublica found at least seven errors in opinions issued between 2011 and 2015, arising from either the court's own research or "false or deeply flawed submissions" submitted by parties involved in the rulings.

The court lacks a clear policy about publishing corrections. Justices do make revisions to an opinion if a party involved points out an error, as Justice Brett Kavanaugh did after a Vermont official corrected his description of state voting policies in a recent ruling. Such changes are not necessarily publicly announced. The court's media-relations team on occasion alerts reporters to changes. "Much of the Court’s business is veiled in secrecy," one lawyer writes. "The process by which it corrects its errors should not be."

This fact brief is responsive to conversations such as this one.

Sources

US Courts: Supreme Court procedures

Propublica: It’s a Fact—Supreme Court errors aren’t hard to find

Law 360: Kavanaugh revises election opinion after Vermont official objects

Harvard Law Review: Should the Supreme Court correct its mistakes?

Havard: The (non) finality of Supreme Court opinions

ABOUT THE CONTRIBUTOR

Gigafact

Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.

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About fact briefs published on Gigafact

Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.