The Business of the Supreme Court Law Clerks
Have you ever wondered how Supreme Court Justices came to have law clerks? (Are you wondering it now?) That story begins in 1882, when Justice Horace Gray joined the Court from the Massachusetts Supreme Judicial Court and brought with him a “legal secretary” to serve for one year. While Justice Gray originally paid out of pocket for his assistance, Congress began funding the position in 1886 (with a salary of $1,600 per year!). By the 1970s, Congress had increased the complement of clerks to four—a number that has remained constant. What has also remained constant is how desirable these positions are, with past clerks going on to top positions in the academy, bar, and the judiciary itself. (Of the current members of the Supreme Court, Chief Justice Roberts, Justice Kagan, Justice Gorsuch, Justice Kavanaugh, Justice Barrett, and Justice Jackson all served as law clerks).
Given how valuable these positions are, one may wonder who else has filled them. Where did they attend law school, and college before that? For whom did they clerk? Which of these factors seemed most relevant in ultimately being chosen to clerk on the Court? What occupations did they pursue following their time on First Street and how critical was the clerkship for their later success? (Again, if you were not wondering about these questions before, are you wondering now?). For as much as has been written about the Court and its Justices, little could be called a comprehensive analysis of the “world of Court clerks as an institution.” Enter court scholars Tracey E. George, Albert Yoon, and Mitu Gulati, with their insightful new article on the subject. Continue reading "The Business of the Supreme Court Law Clerks"
