{"id":134784,"date":"2025-10-07T15:12:01","date_gmt":"2025-10-07T23:12:01","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/10\/07\/senator-wants-to-know-how-all-these-fake-cites-ended-up-in-these-judicial-opinions\/"},"modified":"2025-10-07T15:12:01","modified_gmt":"2025-10-07T23:12:01","slug":"senator-wants-to-know-how-all-these-fake-cites-ended-up-in-these-judicial-opinions","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/10\/07\/senator-wants-to-know-how-all-these-fake-cites-ended-up-in-these-judicial-opinions\/","title":{"rendered":"Senator Wants To Know How All These Fake Cites Ended Up In These Judicial Opinions"},"content":{"rendered":"

Senator Chuck Grassley, who is a mere five years younger than sliced bread<\/a>, has taken it upon himself to delve into the high-tech world of artificial intelligence hallucinations after a pair of judges withdrew opinions upon discovery of a few minor<\/em> issues like \u201cquotes that don\u2019t exist\u201d and \u201cdefendants who aren\u2019t actually defendants.\u201d The Supreme Court hallucinating an individual right<\/a> from the history and text of the Second Amendment shall remain blissfully unexamined. If only the judges had claimed their propositions were \u201cdeeply rooted in the\u00a0Nation\u2019s history and tradition,\u201d they might be spared the indignity of having to reply to a letter from the chair of the Judiciary Committee.<\/p>\n

Over the summer, two federal judges \u2014 Judge Julien Neals of New Jersey and Judge Henry Wingate of Mississippi \u2014 issued orders that showed all the hallmarks of AI-hallucinated citations. In the Judge Neals case<\/a>, the order included inaccurate factual references, quotes that don\u2019t appear in the cited cases, and the misattribution of a case to the wrong jurisdiction. Judge Wingate\u2019s order also botched facts and misquoted the law, but included the added dimension of referencing parties and witnesses who aren\u2019t involved in the case at all.<\/p>\n

\u201cNo less than the attorneys who appear before them, judges must be held to the highest standards of integrity, candor, and factual accuracy,\u201d Grassley wrote both judges. \u201cIndeed, Article III judges should be held to a higher standard, given the binding force of their rulings on the rights and obligations of litigants before them.\u201d <\/p>\n

Grassley is doing a little grandstanding here, trying to stir up some excitement over public AI anxiety while the government shuts down and his constituents wonder why the administration has destroyed Iowa\u2019s agricultural exports while bailing out Argentina so they can undercut the market<\/a>. That was a concern for the oft-tweeting nonagenarian a few weeks ago, but since then the Trump administration has more or less shrugged at the prospect of protecting American farmers and Grassley dutifully transitioned to a \u201cgolly gee, I\u2019m sure Glorious Leader Trump will think of something\u201d while Iowa\u2019s economy flounders.<\/p>\n

But, hey, his lack of focus is our gain! If he manages to receive answers to his AI queries, we could learn a few things about how federal judges are approaching the technology:<\/p>\n

\n

Did you, your law clerks, or any court staff use any generative AI or automated drafting\/research tool in preparing any version of the [filings at issue]? If so, please identify each tool, its version (if known), and precisely how it was used.<\/p>\n<\/blockquote>\n

What\u2019s the brightline for \u201cautomated drafting\/research tool?\u201d Writing an opinion by uploading a file and asking ChatGPT Jesus to take the wheel would be reckless, but there\u2019s a wide range of AI usage that falls short of that. Are we going to start nitpicking judges for using Word with CoPilot enabled? What if they have an industry-specific tool like BriefCatch<\/a>? Are we second-guessing Westlaw\u2019s CoCounsel? Does Grammarly count? While academically interesting, an honest answer to this question isn\u2019t going to provide much insight into best practices, and might smear perfectly good tools along the way. The only question that matters is, \u201chey, how did this fabricated nonsense get in there?\u201d Everything else is a distraction. <\/p>\n

\n

Did you, your law clerks, or any court staff at any time enter sealed, privileged, confidential, or otherwise non-public case information into any generative AI or automated drafting\/research tool in preparing any version of the [filings]?<\/p>\n<\/blockquote>\n

This veers even further from oversight into theater. Neither of these fiascos involved any confidential<\/em> information. These were all decided on publicly docketed material. If anything, the filings had the opposite problem: they made up stuff that wasn\u2019t in the record. Loading confidential material into consumer AI remains a huge concern for practitioners, but it\u2019s not the issue in these cases.<\/p>\n

\n

Please describe the human drafting and review performed in preparing the Court\u2019s July 20, 2025 Order before issuance\u2014by you, chambers staff, and court staff\u2014including cite-checking, verification of quoted statutory text, party identification, and validation that every cited case exists and stands for the proposition stated.<\/p>\n<\/blockquote>\n

This is the legislative inquiry equivalent of the Amazon delivery meme:<\/p>\n

\"\"
<\/figcaption><\/figure>\n

If the process involved actual checking, this doesn\u2019t happen.<\/p>\n

\n

For each misstatement identified in the defendants\u2019 unopposed motion to clarify\/correct\u2014whether references to non-party plaintiffs and defendants, incorrect statutory quotations, and declarations of individuals who do not appear in this record\u2014please explain the cause of the error and what internal review processes failed to identify and correct each error before issuance.<\/p>\n<\/blockquote>\n

There it is! This question! This should be the first question.<\/p>\n

\n

Please explain how the Court differentiates between what it characterizes as \u201cclerical\u201d mistakes in its [filing], and non-existent citations filed by an attorney in an active case before you for which the Court required the attorney to submit a sworn affidavit explaining the errors and outlining remedial measures to prevent recurrence.<\/p>\n<\/blockquote>\n

Yeah, this wasn\u2019t a clerical mistake except in the most literal sense that it was probably caused by a clerk. No one made a typo, they included outright fake stuff. That\u2019s more than clerical. Attempting to pawn it off as clerical suggests a lack of candor from the judges, which is as troubling as it was unnecessary. Just own up to the mistake! Use it as a teachable moment! The whole country is screwing around with this technology and making mistakes\u2026 this is an opportunity to caution the legal industry.<\/p>\n

\n

Please explain why the Court\u2019s original [filing] was removed from the public record and whether you will re-docket the order to preserve a transparent history of the Court\u2019s actions in this matter.<\/p>\n<\/blockquote>\n

Because it was\u2026 wrong? I\u2019m thinking that\u2019s why they took it off the docket, Chuck. <\/p>\n

Did AI draft this question?<\/p>\n

\n

Please explain why the Court\u2019s corrected [filing] omits any reference to the withdrawn [filing], excludes that decision from any discussion of procedural history, and does not include a \u201cCORRECTED\u201d notation at the top of the document to indicate that the decision was substantively altered.<\/p>\n<\/blockquote>\n

A slightly better question than before, but still unnecessary. We need to be less concerned about how the final record of the case appears, and more focused on \u201cwhat went wrong and how to avoid it going forward.\u201d<\/p>\n

\n

Please detail all corrective measures you have implemented in your chambers since July 20, 2025 to prevent recurrence of substantive citation and quotation errors in future opinions and orders, including proper record preservation.<\/p>\n<\/blockquote>\n

An important question, but also an invitation to hurl babies out with the bath water. When AI hallucinations struck Butler Snow, they started purging the site of AI discussion<\/a>, a regrettable move since the material on their site provided exactly the sort of advice that could\u2019ve kept them out of trouble. Everyone should make building out \u201cstandard operating procedures\u201d and \u201cbest practices\u201d for AI usage a top priority, but the tone of this question is just going to prompt judges to reject AI out of hand. <\/p>\n

Imagine failing to double check a summer associate\u2019s work and being called to \u201cdetail all corrective measures you have implemented.\u201d Artificial intelligence tools are basically very dumb, but also very fast summer associates. Take the work product, remember to thoroughly check it, and you\u2019ll be fine. We don\u2019t need to turn it into a Capitol Hill inquiry. <\/p>\n

Unless someone is dumb enough to try to let AI decide the legal issue instead of just write it up. But no one is actually that stupid, right?<\/a><\/p>\n

The judges have until October 13 to respond, which is nice because it allows them to get an answer in before the judiciary runs out of money<\/a>. Or maybe the judges will follow Chief Justice John Roberts\u2019s lead and inform Grassley that the separation of powers requires them to give the senator the finger<\/a>. <\/p>\n

What we, as the public, actually need is an explanation from the judges so the rest of the judiciary can avoid making the same mistakes. And that\u2019s pretty much it. The fault isn\u2019t in using AI, it\u2019s in the humans getting lazy with their checking.<\/p>\n

(Read the letters on the next page\u2026)<\/em><\/p>\n

\n

\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n

The post Senator Wants To Know How All These Fake Cites Ended Up In These Judicial Opinions<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
\n\t\t\t\t\t\t\tIs this precedent?\t\t\t\t\t\t<\/figcaption><\/figure>\n

Senator Chuck Grassley, who is a mere five years younger than sliced bread<\/a>, has taken it upon himself to delve into the high-tech world of artificial intelligence hallucinations after a pair of judges withdrew opinions upon discovery of a few minor<\/em> issues like \u201cquotes that don\u2019t exist\u201d and \u201cdefendants who aren\u2019t actually defendants.\u201d The Supreme Court hallucinating an individual right<\/a> from the history and text of the Second Amendment shall remain blissfully unexamined. If only the judges had claimed their propositions were \u201cdeeply rooted in the\u00a0Nation\u2019s history and tradition,\u201d they might be spared the indignity of having to reply to a letter from the chair of the Judiciary Committee.<\/p>\n

Over the summer, two federal judges \u2014 Judge Julien Neals of New Jersey and Judge Henry Wingate of Mississippi \u2014 issued orders that showed all the hallmarks of AI-hallucinated citations. In the Judge Neals case<\/a>, the order included inaccurate factual references, quotes that don\u2019t appear in the cited cases, and the misattribution of a case to the wrong jurisdiction. Judge Wingate\u2019s order also botched facts and misquoted the law, but included the added dimension of referencing parties and witnesses who aren\u2019t involved in the case at all.<\/p>\n

\u201cNo less than the attorneys who appear before them, judges must be held to the highest standards of integrity, candor, and factual accuracy,\u201d Grassley wrote both judges. \u201cIndeed, Article III judges should be held to a higher standard, given the binding force of their rulings on the rights and obligations of litigants before them.\u201d <\/p>\n

Grassley is doing a little grandstanding here, trying to stir up some excitement over public AI anxiety while the government shuts down and his constituents wonder why the administration has destroyed Iowa\u2019s agricultural exports while bailing out Argentina so they can undercut the market<\/a>. That was a concern for the oft-tweeting nonagenarian a few weeks ago, but since then the Trump administration has more or less shrugged at the prospect of protecting American farmers and Grassley dutifully transitioned to a \u201cgolly gee, I\u2019m sure Glorious Leader Trump will think of something\u201d while Iowa\u2019s economy flounders.<\/p>\n

But, hey, his lack of focus is our gain! If he manages to receive answers to his AI queries, we could learn a few things about how federal judges are approaching the technology:<\/p>\n

\n

Did you, your law clerks, or any court staff use any generative AI or automated drafting\/research tool in preparing any version of the [filings at issue]? If so, please identify each tool, its version (if known), and precisely how it was used.<\/p>\n<\/blockquote>\n

What\u2019s the brightline for \u201cautomated drafting\/research tool?\u201d Writing an opinion by uploading a file and asking ChatGPT Jesus to take the wheel would be reckless, but there\u2019s a wide range of AI usage that falls short of that. Are we going to start nitpicking judges for using Word with CoPilot enabled? What if they have an industry-specific tool like BriefCatch<\/a>? Are we second-guessing Westlaw\u2019s CoCounsel? Does Grammarly count? While academically interesting, an honest answer to this question isn\u2019t going to provide much insight into best practices, and might smear perfectly good tools along the way. The only question that matters is, \u201chey, how did this fabricated nonsense get in there?\u201d Everything else is a distraction. <\/p>\n

\n

Did you, your law clerks, or any court staff at any time enter sealed, privileged, confidential, or otherwise non-public case information into any generative AI or automated drafting\/research tool in preparing any version of the [filings]?<\/p>\n<\/blockquote>\n

This veers even further from oversight into theater. Neither of these fiascos involved any confidential<\/em> information. These were all decided on publicly docketed material. If anything, the filings had the opposite problem: they made up stuff that wasn\u2019t in the record. Loading confidential material into consumer AI remains a huge concern for practitioners, but it\u2019s not the issue in these cases.<\/p>\n

\n

Please describe the human drafting and review performed in preparing the Court\u2019s July 20, 2025 Order before issuance\u2014by you, chambers staff, and court staff\u2014including cite-checking, verification of quoted statutory text, party identification, and validation that every cited case exists and stands for the proposition stated.<\/p>\n<\/blockquote>\n

This is the legislative inquiry equivalent of the Amazon delivery meme:<\/p>\n

\"\"
<\/figcaption><\/figure>\n

If the process involved actual checking, this doesn\u2019t happen.<\/p>\n

\n

For each misstatement identified in the defendants\u2019 unopposed motion to clarify\/correct\u2014whether references to non-party plaintiffs and defendants, incorrect statutory quotations, and declarations of individuals who do not appear in this record\u2014please explain the cause of the error and what internal review processes failed to identify and correct each error before issuance.<\/p>\n<\/blockquote>\n

There it is! This question! This should be the first question.<\/p>\n

\n

Please explain how the Court differentiates between what it characterizes as \u201cclerical\u201d mistakes in its [filing], and non-existent citations filed by an attorney in an active case before you for which the Court required the attorney to submit a sworn affidavit explaining the errors and outlining remedial measures to prevent recurrence.<\/p>\n<\/blockquote>\n

Yeah, this wasn\u2019t a clerical mistake except in the most literal sense that it was probably caused by a clerk. No one made a typo, they included outright fake stuff. That\u2019s more than clerical. Attempting to pawn it off as clerical suggests a lack of candor from the judges, which is as troubling as it was unnecessary. Just own up to the mistake! Use it as a teachable moment! The whole country is screwing around with this technology and making mistakes\u2026 this is an opportunity to caution the legal industry.<\/p>\n

\n

Please explain why the Court\u2019s original [filing] was removed from the public record and whether you will re-docket the order to preserve a transparent history of the Court\u2019s actions in this matter.<\/p>\n<\/blockquote>\n

Because it was\u2026 wrong? I\u2019m thinking that\u2019s why they took it off the docket, Chuck. <\/p>\n

Did AI draft this question?<\/p>\n

\n

Please explain why the Court\u2019s corrected [filing] omits any reference to the withdrawn [filing], excludes that decision from any discussion of procedural history, and does not include a \u201cCORRECTED\u201d notation at the top of the document to indicate that the decision was substantively altered.<\/p>\n<\/blockquote>\n

A slightly better question than before, but still unnecessary. We need to be less concerned about how the final record of the case appears, and more focused on \u201cwhat went wrong and how to avoid it going forward.\u201d<\/p>\n

\n

Please detail all corrective measures you have implemented in your chambers since July 20, 2025 to prevent recurrence of substantive citation and quotation errors in future opinions and orders, including proper record preservation.<\/p>\n<\/blockquote>\n

An important question, but also an invitation to hurl babies out with the bath water. When AI hallucinations struck Butler Snow, they started purging the site of AI discussion<\/a>, a regrettable move since the material on their site provided exactly the sort of advice that could\u2019ve kept them out of trouble. Everyone should make building out \u201cstandard operating procedures\u201d and \u201cbest practices\u201d for AI usage a top priority, but the tone of this question is just going to prompt judges to reject AI out of hand. <\/p>\n

Imagine failing to double check a summer associate\u2019s work and being called to \u201cdetail all corrective measures you have implemented.\u201d Artificial intelligence tools are basically very dumb, but also very fast summer associates. Take the work product, remember to thoroughly check it, and you\u2019ll be fine. We don\u2019t need to turn it into a Capitol Hill inquiry. <\/p>\n

Unless someone is dumb enough to try to let AI decide the legal issue instead of just write it up. But no one is actually that stupid, right?<\/a><\/p>\n

The judges have until October 13 to respond, which is nice because it allows them to get an answer in before the judiciary runs out of money<\/a>. Or maybe the judges will follow Chief Justice John Roberts\u2019s lead and inform Grassley that the separation of powers requires them to give the senator the finger<\/a>. <\/p>\n

What we, as the public, actually need is an explanation from the judges so the rest of the judiciary can avoid making the same mistakes. And that\u2019s pretty much it. The fault isn\u2019t in using AI, it\u2019s in the humans getting lazy with their checking.<\/p>\n

(Read the letters on the next page\u2026)<\/em><\/p>\n

\n

\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n

1<\/strong> 2<\/a>Next \u00bb<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Senator Chuck Grassley, who is a mere five years younger than sliced bread, has taken it upon himself to delve into the high-tech world of artificial intelligence hallucinations after a pair of judges withdrew opinions upon discovery of a few minor issues like \u201cquotes that don\u2019t exist\u201d and \u201cdefendants who aren\u2019t actually defendants.\u201d The Supreme […]<\/p>\n","protected":false},"author":3,"featured_media":134785,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-134784","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/10\/Headshot-300x200-QbsZy9.jpg?fit=300%2C200&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/134784","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=134784"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/134784\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/134785"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=134784"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=134784"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=134784"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}