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Mortals on the High Court

Ruth Marcus on

It did not take the liberal blogs and interest groups long to pile gleefully on. "Epic Blunder," said Talking Points Memo. "Scalia's Mistake Exposes His Ideological Agenda," blared People for the American Way. "Uh-Oh, Scalia Screws Up Royally. Time To Retire," read a post on Daily Kos.

By Wednesday morning, the court had quietly corrected the error. The characteristically snippy "Plus Ca Change" header was replaced with the grayer "Our Precedent." The accusation that the EPA was at it again was similarly dialed down: "This is not the first time parties [emphasis mine] have sought to convert the Clean Air Act into a mandate for cost-effective regulation." As Farber noted, "Of course, as corrected, the case no longer fits Scalia's overall thesis of the 'unelected officials' trying to override congressional policy."

Others may rejoice at Scalia's embarrassment. No doubt the justice invites it, with his air of acerbic certitude. But perhaps these revelers haven't made mistakes.

I have -- and I think I remember every single mortifying one, including 24 years ago, when I incorrectly, sloppily reported Scalia's position on statutes banning flag-burning (he believes they are unconstitutional), and 26 years ago when, math-challenged, I accidentally added a decade to Vermont Sen. Patrick Leahy's age.

Scalia is doddering because he didn't remember the specifics of a 13-year-old case? Please, I sometimes can't remember what I wrote last week. You don't have to be a senior to have a senior moment.

Justices have law clerks to save them from such errors; I shudder to imagine the bloody scene in Scalia's chambers, post-discovery. Journalists, at least some of us lucky ones, have copy editors; they have saved me countless times. But in the end, the responsibility is ours. When good journalists make even picayune errors, our response tends to be nausea followed by self-loathing.

 

For the justices who like to criticize journalists for flubbing their analysis of opinions on deadline, and within tight space constraints: Maybe what happened to your colleague will incline you toward a more charitable view.

For the rest of us, journalist and civilian alike, it's a useful reminder: Mistakes happen. What matters is what happens next.

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Ruth Marcus' email address is ruthmarcus@washpost.com.


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