Just call it ‘cert’

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By Laurie Landsittel
Dolan Media Newswires

As if they were not divided enough, the U.S. Supreme Court justices are split six ways over the pronunciation of the word “certiorari,” according to an article in The National Law Journal.

And, according to a University of South Carolina law school professor and language expert, they could all be right, which would be unprecedented.

This discrepancy was discovered by James Duane, a professor at Regent University School of Law, when he undertook a research project to determine the correct pronunciation of the word.

Duane examined transcripts of oral arguments and audio of Supreme Court sessions on the website Oyez. His research indicates that most of the justices agree that the word is five syllables. Every justice pronounces the first syllable of the word “ser,” and most justices agree that the first two syllables are pronounced “ser-shee.” The agreement ends there.

Chief Justice Roberts, and Justices Antonin Scalia and Stephen Breyer pronounce the word “ser-shee-or-RARE-eye.” (Rhymes with fair guy.)

Justice Anthony Kennedy says “ser-shee-or-ARR-eye,” (Sounds like far cry.)

Justice Sonia Sotomayor says, “ser-shee-ARR-ee.” (As if it were spelled certiari.)

Justice Clarence Thomas says “ser-tzee-or-RAHR-ee.” (Sounds like Ferrari.)

Justice Samuel Alito says “ser-shee-or-RAHR-ee.” (Similar to Justice Thomas’ pronunciation.)

Justice Ruth Bader Ginsburg has not said the word in almost 20 years, and opts for “cert” or “review.” Justice Elena Kagan joins Ginsburg by not speaking the word.

According to Robert Felix, a language scholar and professor emeritus at the University of South Carolina School of Law, the controversy is largely with the last syllable, and depends on whether the speaker is using the Latin or English pronunciation. According to Felix, the Latin pronunciation is with a long e and the English pronunciation is with a long i.

When asked how he pronounces the word, Felix said “I usually say SIR-SHE-O-RARE-EYE with accent on RARE, but not always.” Although his pronunciation is similar to the way Justices Roberts, Scalia, and Breyer pronounce it, the pronunciation Felix uses is not matched by any justice according to Duane’s research.

“Pronunciations can be very inconsistent and more than one pronunciation can be right as long as they are accepted,” Felix said.

But, lawyers appearing before the Supreme Court may want to keep in mind what Scalia once said regarding how judges view lawyers who mispronounce words: “They may be inclined to think this person is not the sharpest pencil in the box.”