The Handy Supreme Court Answer Book. David L Hudson
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W. Bush, and Roberts’s family are seated on the far right. Dana Verkouteren/AP Images.
Who are law clerks?
Each U.S. Supreme Court hires several law clerks to assist in the screening of cases in the certiorari pool, writing of memoranda on legal issues, drafting of opinions, and other legal matters. Most of the justices hire four law clerks. Many of the law clerks are recent graduates of prestigious law schools such as Harvard or Yale. Many of the law clerks serve for a U.S. Supreme Court justice after having clerked for a federal circuit court of appeals judge. Most clerks work for a justice for one year, though some will work on two-year terms.
What Supreme Court justice started the practice of hiring a law clerk?
Justice Horace Gray instituted the practice of law clerks in 1882 when he joined the Court. When he was a member of the Supreme Judicial Court of Massachusetts, Gray had started the practice there as well, hiring future Supreme Court justice Louis Brandeis. Gray paid for the clerk out of his own pocket. The practice became formalized when Congress passed a 1922 law that allowed each justice to hire one law clerk for a salary of $3,600.
Supreme Court Clerks-Turned-Justices
Several U.S. Supreme Court justices were former U.S. Supreme Court law clerks: Justice Byron White clerked for Chief Justice Fred Vinson in 1946–47; Chief Justice William Rehnquist clerked for Justice Robert Jackson in 1951–52; Justice John Paul Stevens clerked for Justice Wiley Rutledge in 1947–48; Justice Stephen G. Breyer clerked for Justice Arthur Goldberg in 1964–65; and Chief Justice John Roberts clerked for then-Justice Rehnquist in 1980–81.
What functions do law clerks serve?
Law clerks often serve as an initial screener of the thousands of cases that are appealed to the U.S. Supreme Court. They will often write memos explaining to the justices which cases are “certworthy,” or worthy of their attention. Nearly all of the justices (except Justice John Paul Stevens) pool their clerks together in a “cert pool” to examine the thousands of petitions that come to the Court each year. Justice Lewis Powell proposed the idea of the cert pool in 1972 to save time and increase efficiency. Critics charge that it gives too much power to the law clerks. Justice Stevens does not participate and his law clerks review all petitions that are filed before the Court. The two newest members of the Supreme Court, Chief Justice John G. Roberts and Justice Samuel Alito are in the cert pool, despite Roberts’s criticism of the cert pool phenomenon in 1997. Some experts have predicted that Chief Justice Roberts may reform the cert pool practice.
The law clerks also write research memoranda and draft opinions for the justices. The responsibility of law clerks obviously depends upon each particular justice.
Who are some of the more famous law clerks?
There have been many Supreme Court law clerks who have achieved great prominence in the legal profession. Here are just a few of the many:
Kenneth Starr: Former federal appeals court and independent counsel who investigated President Bill Clinton (leading to his impeachment); clerked for Chief Justice Warren Burger.
Richard Posner: Longtime judge on the Seventh U.S. Circuit Court of Appeals and author of more than forty books; clerked for Justice William Brennan.
Robert O’Neil: Former president of the University of Virginia and the founder of the Thomas Jefferson Center for the Protection of Free Expression; clerked for Justice William Brennan.
Kenneth Starr, center, began his law career as the law clerk for Supreme Court justice Warren Burger; Starr became well known as the independent counsel who investigated President Bill Clinton prior to his impeachment. Luke Frazza/AFP/Getty Images.
Alan Dershowitz: Harvard Law professor and well-known author/legal commentator; clerked for Justice Arthur Goldberg.
Laura Ingraham: Popular syndicated radio host, author, and political analyst; clerked for Justice Clarence Thomas.
What is the Supreme Court Fellows Program?
In 1973, Chief Justice Warren Burger established the Supreme Court Fellows Program to provide assistance to the Court, the Federal Judicial Center, the Administrative Office of the United States Courts, and the U.S. Sentencing Commission. The fellows are similar to law clerks—they help with workload and write reports and memoranda. Since the 2000–2001 term, the chief justice has selected four individuals to serve as Supreme Court Fellows. One goes with the Supreme Court, one with the Federal Judicial Center, one with the Administrative Office of the Courts, and one with the Sentencing Commission.
Who is the marshal of the U.S. Supreme Court?
The marshal of the U.S. Supreme Court is the person who oversees the security, maintenance, and operation of the Supreme Court Building. Federal law, 28 U.S.C. section 672, has provided for this position since 1867. There have been ten head marshals of the Supreme Court, including:
The Inaugural Supreme Court Fellows
The inaugural Supreme Court Fellows class of 1973–74 consisted of three individuals: Gordon Gee, who is now president of Ohio State University in Columbus; Russell Wheeler, who now serves as deputy director of the Federal Judicial Center in Washington, D.C.; and Howard R. Whitcomb, who is an emeritus professor of political science at Lehigh University in Pennsylvania.
| Richard C. Parsons | 1867–72 |
| John Nicolay | 1872–87 |
| John M. Wright | 1888–1915 |
| Frank Key Green | 1915–38 |
| Thomas E. Waggaman | 1938–52 |
| T. Perry Lippitt | 1952–72 |
| Frank M. Hepler | 1972–76 |
| Alfred M. Wong | 1976–94 |
| Dale E. Bosley | 1994–2001 |
| Pamela Talkin | 2001–present |
What is the Office of Legal Counsel?
The Office of Legal Counsel is an administrative unit under the control of the chief justice of the U.S. Supreme Court. It consists of two attorneys who help the Court in cases involving petitions for extraordinary writs and cases in which the Court’s original jurisdiction is invoked.
What was the original oath that federal judges had to take?
Section 8 of the Judiciary Act of 1789 provides that Supreme Court and district judges had to take the following oath:
I, [justice’s name], do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as [type of judge] according to the best of my abilities and understanding, agreeable to the Constitution and laws of the United States. So help me God.
The oath was amended in 1990 by replacing “according to the best of my abilities and understanding, agreeable to the Constitution” with the words “under the Constitution.”