Kara Sears
The role of law clerks in the Supreme Court has been a topic of interest since the 1950s, with many wondering about the extent of their influence on the justices. Law clerks are usually recent law school graduates, and each Supreme Court justice is allowed to have three to four clerks per term. These clerks are hand-selected and have access to sensitive information, such as draft opinions. The role is often a stepping stone to power and wealth, with many former clerks going on to hold influential positions, including that of Supreme Court Justice.
| Characteristics | Values |
|---|---|
| Number of clerks allowed per Supreme Court Justice | 3 or 4 |
| Number of clerks allowed per Chief Justice | 5 |
| Number of clerks hand-selected by the justices in 2022 | 36 |
| Number of clerks who went on to become Supreme Court justices | 10 |
| Number of clerks during a contentious session 20 years ago | 35 |
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What You'll Learn
The number of clerks for each justice
Since the 1970s, each associate justice of the Supreme Court can hire three to four law clerks per term. The chief justice can choose up to five clerks, although Chief Justice Roberts has had four clerks every year except for his first term.
The first Supreme Court law clerk was hired in 1882, nearly a century after the Court was formed. Law clerks are usually recent law school graduates, often from Ivy League and other top-tier law schools, who have graduated at the top of their class. They assist justices in legal research, vetting cases, and drafting opinions. Clerks also help decide what cases to accept and what questions to ask during oral arguments.
The influence of clerks is a topic of debate, with some arguing that their influence is limited by their inexperience and the fact that they likely share similar ideologies as the justices who hired them. However, studies have shown that justices are more likely to accept an appeal if it is filed by a former clerk. Additionally, research suggests that clerks exert a moderate influence on how justices vote in cases, with a 1957 article in U.S. News and World Report questioning whether "the influence of these young law clerks—some not yet admitted to the bar—is reflected in Court opinions."
The path from clerkship to judgeship is well-trodden, with ten former law clerks going on to become Supreme Court justices, including six members of the current Court: John G. Roberts, Jr., Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Ketanji Brown Jackson, and Amy Coney Barrett.
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The influence of clerks on justices
The role of law clerks in the Supreme Court dates back to 1882 when Justice Horace Gray first hired a clerk. Since then, the majority of clerks have been white and male, although efforts have been made in recent years to increase diversity. The selection process typically favours recent law school graduates who have excelled in their classes and gained experience through clerkships with lower federal judges. The top law schools feeding into these prestigious clerk positions are Harvard and Yale, with Stanford, the University of Chicago, and Columbia also featuring.
The work of law clerks is largely confidential, and former clerks often maintain this confidentiality even after their clerkship ends. This makes it challenging to fully understand the extent of their influence on justices. However, the impact of clerks should not be underestimated, as evidenced by the notable careers of former clerks, including ten who became Supreme Court justices themselves, and others who went on to hold influential positions in government, academia, and prestigious law firms.
The number of clerks each justice can have varies, with each justice typically allowed three to four law clerks per Court term. These clerks work closely with the justices, gaining valuable insights into the judicial process and contributing to the nation's laws, even if the exact nature and extent of their influence remain a subject of ongoing discussion and research.
In conclusion, while the influence of clerks on justices is a complex and evolving topic, it is clear that clerks play a significant role in the Supreme Court. Their contributions, guided by the justices, shape the legal landscape, and their impact extends beyond their clerkship years, as evidenced by the prominent careers of many former clerks.
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Clerks' career trajectories post-clerkship
A Supreme Court Justice can have three to four law clerks per Court term. These clerks are usually recent law school graduates who have graduated at the top of their class. Clerking for a Supreme Court Justice is a prestigious position that can open doors to various career opportunities.
Clerks who have completed their term can explore different career paths, including private practice, BigLaw, boutique firms, public interest work, in-house legal departments, public interest organizations, and regulatory agencies. The experience and insights gained during the clerkship can be valuable for a lawyer's career. Many law firms recognize the value of judicial clerks and actively hire them.
The skills and knowledge acquired during a clerkship can make clerks well-equipped for their next endeavours. They gain an insider's view of the court, understanding its administrative processes and litigation styles. This experience can make them comfortable working in a legal setting and enhance their credibility.
Networking is an essential aspect of a clerk's career trajectory. During their tenure, clerks can connect with judges, attorneys, and other legal professionals, forming valuable relationships. These connections can provide mentorship, advice, and potential job opportunities. Maintaining these relationships even after the clerkship ends can expand their professional network and open doors to new possibilities.
Additionally, clerks can leverage their experience to pursue positions that align with their interests and values. For example, a former Second Circuit clerk joined the Consumer Financial Protection Bureau to lead fintech investigations, combining litigation skills with regulatory knowledge.
In conclusion, a Supreme Court clerkship can be a powerful stepping stone for law school graduates. It provides them with a unique perspective on the legal system, enhances their professional credentials, and offers a wide range of career options to choose from. With the right strategy and adaptability, clerks can turn their transitional year into a launching pad for long-term career success.
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Clerks' educational backgrounds
Supreme Court law clerks have been the centre of national attention, especially since the leak in May 2022 that revealed the Court was poised to overturn Roe v. Wade. The 36 law clerks chosen by the justices are part of the approximate 70 people who have access to draft opinions.
Most clerks are recent law school graduates, usually from Ivy League and other top-tier law schools. They have typically graduated at the top of their class and spent at least one year clerking for a lower federal judge. The top schools from which the clerks are hired include Yale (23.3%) and Harvard (22.9%). All of the sitting justices went to law school at Harvard or Yale, except for Amy Coney Barrett, who attended law school at Notre Dame.
Clerks perform research, vet cases, and help draft opinions. Ten former law clerks went on to become Supreme Court justices. Others became members of the House, presidents of universities, and a U.S. Secretary of State, among other influential positions. Some command up to $700,000 in salaries and bonuses when they join prestigious law firms following their clerkships.
The clerkship-to-judgeship path perpetuates the impact of certain justices on the law, through their acolytes. Former clerks have access to knowledge, mores, strategies, and ambition that can lead to outsized influence as their careers develop.
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Clerkships' impact on future influence
Each associate justice of the Supreme Court can hire three to four law clerks per term, while the chief justice can choose up to five. The debate about how much influence these clerks have over justices has been ongoing since the 1950s.
Some argue that the influence of clerks is limited by their inexperience and the likelihood that they share similar ideologies as the justices who hired them. However, clerks may still have some ability to impact the Court's workings, such as recommending which cases are heard and deciding what information the justices receive. Research suggests that clerks exert a moderate influence on how justices vote, especially in high-profile, legally significant, or close-call cases.
Clerkships can have a significant impact on future career trajectories. Many former clerks have gone on to become Supreme Court justices, members of the House, presidents of universities, and even a U.S. Secretary of State. They are highly sought-after by prestigious law firms, with signing bonuses of up to $700,000. This is because former clerks are seen as having valuable knowledge and connections, which can lead to increased influence as their careers progress.
Former clerks have also played a significant role in shaping constitutional law and US politics. For example, Jonathan Mitchell, a former clerk to Justice Antonin Scalia, engineered the Texas abortion ban (SB 8), which the Supreme Court ultimately upheld, reversing its previous ruling on Roe v. Wade. This demonstrates the real-world impact that a former clerk can have on the lives of Americans, even years after their clerkship has ended.
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Frequently asked questions
Each associate justice can hire three to four law clerks per term. The chief justice can choose up to five clerks.
Law clerks are predominantly recent law school graduates, usually from Ivy League and other top-tier law schools. Most have graduated at the top of their class.
Law clerks perform legal research, assist justices in deciding which cases to accept, prepare memoranda, and draft orders and opinions.
There is a long-standing debate about how much influence law clerks have over the justices. Some say that clerks exert a moderate influence, while others argue that their influence is limited due to their inexperience.
Former law clerks often go on to hold positions of power and influence. Ten former clerks have become Supreme Court justices, while others have become members of the House, university presidents, or US Secretary of State. Many also join prestigious law firms and command high salaries and bonuses.
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