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gress ’ s eye to the debt collection industry . From that scrutiny emerged the Fair Debt Collection Practices Act , a statute that authorizes private lawsuits and weighty fines designed to deter wayward collection practices . So perhaps it comes as little surprise that we now face a question about who exactly qualifies as a “ debt collector ” subject to the Act ’ s rigors . Everyone agrees that the term embraces the repo man — someone hired by a creditor to collect an outstanding debt . But what if you purchase a debt and then try to collect it yourself — does that make you a debt collector too ? That ’ s the nub of the dispute now before us . 22
This paragraph is emblematic of Gorsuch ’ s writing style . He starts with a quadruple alliteration ( more on alliterations later ) and maintains an approachable style throughout . He avoids “ legalese ” and speaks to the reader in the common parlance .
The Henson opinion is easy to read . It contains 120 sentences averaging 25 words per sentence . This meets the benchmark set by most legal writing experts . 23 The opinion achieves a score of 44 on the Flesch Reading Ease scale . 24 The Flesch scale runs from 0 to 100 — the higher the number , the easier the text is to read . Supreme Court opinions average 31 on the scale , so Gorsuch ’ s score of 44 is commendable . The Henson opinion scores 13 on the Flesch-Kincaid Grade Level , meaning a first-year college student should be able to read and understand the opinion ( Supreme Court opinions average 14.5 on the Grade Level scale ). 25
Lawyers seeking to improve the readability of their writing ( hopefully everyone is !), should apply the Flesch Reading Ease scale to their own writing to see how they fare . Other programs , like The Writer ’ s Diet , 26 can help writers improve the readability of their writing . Those seeking to write like Gorsuch should take this lesson seriously .
C . Logical Flow ( Coherence )
Gorsuch is good at establishing coherence through the use of transitions and other cohesion techniques . We can all benefit from a careful study of Gorsuch ’ s writing in this regard . Look back to the opening paragraph in the Henson opinion . “ From that scrutiny ” in the second sentence uses a “ pointing word ” to link back to the first sentence . 27 The end of the second sentence , “ wayward collection practices ,” subtly and effectively refers back to that zinger opening sentence and its quadruple alliteration . In the same manner , the end of the third sentence , “ the Act ’ s rigors ,” refers back to the “ weighty fines ” of the second sentence . These examples prove that good writers vary the placement of transitions and cohesion techniques . Transitions , pointing words , and cohesion techniques
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can occur anywhere — even at the end of a sentence . The remainder of the paragraph leads to the question presented in an artful and “ folksy ” way ( the term “ repo man ” is not in the statute !). The paragraph flows naturally and is held together as if by glue — a paradigmatic example of coherence .
II . Less Effective Writing Habits
A . Excessive Alliteration
Gorsuch has certain writing habits that range from annoying to downright seditious ( grammatically speaking ). First , those alliterations ! Alliteration “ is the repetition of initial or medial consonants in two or more adjacent words .” 28 Gorsuch ’ s opinion in Henson contains two quadruple alliterations and even one quintuple alliteration : “ supposing such a surreptitious subphrasal shift .” 29
The first quadruple alliteration appears in the first line of Henson ( quoted above ). The second one appears at the end of the opinion . After ruling in favor of Santander ( holding that the Act does not apply to purchasers of debt ), Gorsuch closes by noting that new industries and practices often arise in response to federal regulation and Congress is authorized to regulate the new industries and practices if it so chooses . To make this point , he uses a quadruple alliteration and a double alliteration , and follows them with another lecture on the ( limited ) role of the courts : “ Constant competition between constable and quarry , regulator and regulated , can come as no surprise in our changing world . But neither should the proper role of the judiciary in that process — to apply , not amend , the work of the People ’ s representatives .” 30
Although the quadruple alliteration may be rare in Gorsuch ’ s writing , triple alliterations are more common — I like “ sophisticated syntactical somersaults ” 31 — and double alliterations abound . “[ P ] arsimonious pleader ,” 32 “ compositional cloud ,” 33 “ long lingering questions linger still ,” 34 “ compliant class clown ,” 35 and many other alliterations fill Gorsuch ’ s opinions . Gorsuch is also fond of the assonance . 36 He particularly likes the transition , “ After all .” Legal-writing expert Ross Guberman concludes , “ I ’ m not sure I ’ ve even known a judge who loves the transitions ‘ To be sure ’ and ‘ After all ’ so much !” 37 Gorsuch does not stop there : When repeating an earlier point , he is prone to use the exquisite quadruple assonance , “ After all and again .” 38
Alliteration is popular because it “ contributes to the euphony of writing .” 39 Still , alliteration — especially when overused — draws attention to itself and risks being seen as too clever , too cute . At least one contributor to a legal-writing listserv said she found Gorsuch ’ s alliterations in Henson “ distracting .” 40 As with so many rhetorical techniques in writing , alliteration is most effective when used
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in moderation .
B . Contractions
Gorsuch uses contractions “ relentlessly .” 41 The Henson opinion , for example , includes seventeen contractions . I tell my students not to use contractions . This remains standard advice . The Legal Writing Handbook states the rule plainly : “ As a general rule , avoid contractions in all legal writing .” 42 I recognize that tastes and styles are changing . I also recognize writing that is too formal risks sounding stilted . Still , I favor formality over informality in legal writing . A debate about contractions in legal writing is not the field on which I am “ eager to pitch battle ,” to use a Gorsuch metaphor . 43 I do not use contractions in formal legal writing , but I accept that they can add to the desired conversational tone of effective writing . My advice here is the same as with alliteration : Moderation .
C . Starting Sentences with Coordinating Conjunctions
I have a harder time making peace with Gorsuch ’ s frequent habit of starting sentences with coordinating conjunctions . Almost all legal-writing experts now call the “ rule ” against starting a sentence with And , But , Or , So , or Yet a “ myth .” 44 Even so , Gorsuch takes this liberty and runs with it . He starts twenty sentences in the Henson opinion with a coordinating conjunction . The Henson opinion has only 120 sentences , so one out of six sentences start with And , But , Yet , So , or For . Some of the sentences I have quoted above starts with a coordinating conjunction . Indeed , it is hard to quote Gorsuch at any length without quoting such a sentence . Guberman is not exaggerating when he says that Gorsuch starts sentences with And or But by the “ thousands .” 45 After spending a week reading Gorsuch opinions , I reached the point where I was reading in anticipation of the next And or But ( he starts sentences with Yet or So but not as frequently ). I never had to wait long . Some readers may think the technique helps with flow and adds to the folksy charm of the opinions . I just wish he would not do it so often . This attempt at informality quickly becomes studied and showy .
D . Use of the Second Person
Finally , I am troubled by Gorsuch ’ s use of the second person in his opinion writing . Here are a few of many examples : “ And it ’ s easy enough to see how you might also come to possess ( obtain ) a debt without taking ownership of it .” 46 “[ Y ] ou still might wonder : can Congress really delegate its legislative authority — its power to write new rules of general applicability — to executive agencies ?” 47 “ The resemblance [ between two federal laws ] might raise some questions in your mind .” 48 “ So even if an officer commits
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