What started as an informal lunch conversation has developed into a scholarly law journal article raising an important question: Is the coverage of the United State Supreme Court by the news media contributing to the public perception of the Court as an institution doing politicized work in an atmosphere emphasizing factions? Or, as the title of the article puts it, “Supreme Court Journalism: From Law to Spectacle?”

In an “On the Issues with Mike Gousha” program posted on Marquette Law School’s web site on Feb. 3, 2021, Christina Tilley, a professor at the University of Iowa College of Law, said the paper in the Washington & Lee Law Review does not answer the broad question. But it examines aspects of the matter.

Tilley told Gousha, the Law School’s distinguished fellow in law and public policy,  that she and her co-author, Barry Sullivan, a professor at Loyola University Chicago Law School, were talking one day several years ago, when Tilley was a faculty member at Loyola, about how headlines on Supreme Court stories seemed to be getting more “click-baity,” a term for language that attracts attention. Stories about the Court seemed to be emphasizing which president appointed justices and which faction of the court justices belonged to rather than issues and legal reasoning, they thought.