An open letter to Frank D. Wagner, Reporter of Decisions of the Supreme Court of the United States:

Dear Mr. Wagner:

In reading through the slip opinion of Citizens United v. Federal Election Commission, I noticed a grammatical error. Associate Justice Kennedy, writing for the majority, quotes McConnell, supra, as follows:

Section 311 disclaimers provide information to the electorate, McConnell, supra, at 196, and “insure that the voters are fully informed” about who is speaking… (Citizens United, Syllabus, page 7)

The meaning of insure is generally taken to be “protect against financial loss” rather than “guarantee.” The original author, Associate Justice Stevens, likely meant that the disclaimers “ensure that the voters are fully informed.” The error is repeated verbatim in the opinion on page 52. Both quotes in Citizens United should include “[sic]” indicating the original misuse.

Sincerely,

James Alexander Rosen