Dozens of 2026 Federal Appeals Opinions Show Signs of AI Drafting
Research uncovers AI-like language in dozens of 2026 federal appellate court opinions.
Why it matters: Emerging AI use in judicial drafting challenges courts to balance technology benefits with ethics and transparency, affecting legal practitioners and court communications.
- At least 27 federal appellate opinions in 2026 exhibit hallmarks of AI-generated language.
- Affected circuits include the Third, Sixth, and Ninth Circuits.
- No federal appellate court has formally confirmed AI integration in opinion drafting as of August 2026.
- The U.S. Courts' Administrative Office stresses human oversight and judicial responsibility over AI-aided drafting.
In 2026, a growing number of federal appellate court opinions displayed linguistic and structural patterns consistent with AI-generated text. Legal researcher Eugene Volokh identified at least 27 opinions across the Third, Sixth, and Ninth Circuits showing repeated AI-style phrasing and summary methods, as detailed in his analysis.
Despite these findings, no federal appellate court has publicly acknowledged using artificial intelligence tools in drafting opinions. The Administrative Office of the U.S. Courts issued a statement in June 2026 emphasizing that while judges may experiment with advanced research supports, all finalized opinions must reflect full judicial review and responsibility.
Legal ethicists and researchers highlight the need for transparency about AI involvement to uphold public trust and prevent overreliance on automated drafting. Samantha DeWitt, a legal ethicist, called for at least broad disclosure of AI use to avoid errors and maintain ethical standards, as reported by Law360.
Meanwhile, law tech vendors recognize increasing market interest in AI-driven drafting tools for courts but urge that ethical guidelines and transparency be prioritized, as examined by Legaltech News.
As Eugene Volokh summarized, "If courts are using AI, that's promising—and worth getting right." These developments highlight the judicial system's evolving relationship with technology and underscore the importance of balancing innovation with accountability.
By the numbers:
- 27 appellate opinions identified with AI indicators — by Volokh's analysis in 2026
- 3 federal circuits implicated — Third, Sixth, and Ninth Circuits
- June 2026 — Administrative Office of the U.S. Courts issued AI use guidance
Yes, but: While signs of AI-like language are clear, courts have not officially confirmed any AI drafting, leaving scope and safeguards unverified.
What's next: Watch for formal court disclosures and potential rulemakings on AI use and disclosure in judicial opinion drafting.