Supreme Court nominee Neil Gorsuch copied the structure and language used by several authors and failed to cite source material in his book and an academic article, according to documents provided to POLITICO.
The documents show that several passages from the tenth chapter of his 2006 book, “The Future of Assisted Suicide and Euthanasia,” read nearly verbatim to a 1984 article in the Indiana Law Journal. In several other instances in that book and an academic article published in 2000, Gorsuch borrowed from the ideas, quotes and structures of scholarly and legal works without citing them.
The findings come as Republicans are on the brink of changing Senate rules to confirm Gorsuch over the vehement objections of Democrats. The documents could raise questions about the rigor of Gorsuch’s scholarship, which Republicans have portrayed during the confirmation process as unimpeachable.
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However, six experts on academic integrity contacted independently by POLITICO differed in their assessment of what Gorsuch did, ranging from calling it a clear impropriety to mere sloppiness.
“Each of the individual incidents constitutes a violation of academic ethics. I’ve never seen a college plagiarism code that this would not be in violation of,” said Rebecca Moore Howard, a Syracuse University professor who has written extensively on the issue.
Elizabeth Berenguer, an associate professor of law at Campbell Law School, said that under legal or academic standards Gorsuch’s similarities to the Indiana Law Journal would be investigated “as a potential violation of our plagiarism policy. It’s similar enough to the original work.”
“I would apply an academic writing standard,” said Berenguer, who teaches plagiarism and legal writing. “Even if it were a legal opinion, it would be plagiarism under either.”
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