https://www.nationalreview.com/2024/01/the-strange-resurrection-of-a-failed-plagiarism-hit-on-neil-gorsuch/?utm_source=onesignal&utm_medium=push&utm_campaign=article
The seriousness of plagiarism depends not only on the facts but also on the field of endeavor in which it occurs.
One of the more desperate efforts made in defense of Claudine Gay as she was toppled from her position at Harvard for plagiarism was to dredge up a failed hit from 2017 on Neil Gorsuch. During the battle over Gorsuch’s confirmation, John Bresnahan and Burgess Everett of Politico wrote that Gorsuch “copied the structure and language used by several authors and failed to cite source material in his book and an academic article.” Ed Whelan responded at the time.
Both noted that there were academic experts, including the “outside supervisors for Gorsuch’s dissertation” and “the general editor for Gorsuch’s book publisher,” who saw no issue with Gorsuch’s writings under the standards for writings on legal philosophy. To my eye, Gorsuch should nonetheless have been more careful in his citations in the examples offered by Bresnahan and Everett. Yet, even they conceded that the handful of challenged passages were “a small fraction of published works by Gorsuch, which include hundreds of legal opinions, academic articles, news articles and his book.”
Are these distinctions without differences? No. Plagiarism is generally bad, but the degree to which it is bad — and the reasons why — can vary greatly by the facts and the setting. As with many things, assessing whether it’s just a minor infraction or a serious firing offense requires judgment and standards.
Is it bad to pass off someone else’s words as your own? Generally, yes. But in some contexts, it’s the norm. Young lawyers are often asked to draft memos, briefs, and complaints. Even when there’s a certain amount of style involved, it’s encouraged to copy from somebody else’s prior work in order to save on time and costs, so long as you’re careful to make sure the research is up to date and you don’t inadvertently leave in facts from a prior setting. It’s the better practice to tell your boss — who often signs the thing before a court or client — that you used a prior precedent in drafting, but nobody gets judged for doing it whether or not they disclose that. Getting the final product done right, on time and on budget, is what matters. That’s quite a different context from journalistic writing, in which giving credit to the writer is important and people get fired for copying the work of others.