It seems that the Supreme Court was alerted to Justice Scalia’s mistake in the recent EPA case by Professor Richard Lazarus. It also seems that there are “formal rules and procedures” to notify the Court of mistakes. And the Court acknowledged this mistake.
Turns out that after he discovered Justice Scalia’s error about Whitman v. American Trucking (see my earlier post of this morning), Lazarus invoked the Court’s formal rules and procedures and wrote it a letter pointing out the mistake. Not only did a new version of the Scalia dissent magically appear this morning on the Court’s website, but as Richard noted in an email he sent to an environmental law professors’ list serve of which I am a member, so too did a new heading.
Does anyone know what these “formal rules and procedures” are? I can’t seem to find anything about it in the Court’s rules.