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Break the Supreme Court law clerk cartel

scotusblog.com · 3h · first reportShare

This is the eighth and final piece in a series on what I believe the court can, and should, do better. *** Every year, each justice hires four law clerks. Under the current practice, the justices will hire young lawyers with sterling credentials who secured two or three prior clerkships from “feeder” judges. Often, interviews are scheduled while applicants are still in law school, and before they have even started their first clerkship. Justices have built elaborate screening networks with former clerks, as applicants have to traverse multiple rounds of interviews. The justices would acknowledge that for every clerk that is hired, there are many more equally qualified candidates. Getting the job is like winning the gold medal at the Olympics – you are the best of the best but conditions have to be just right. During the term, the clerks are privy to most things that happen at the court. The information they learn makes them extremely valuable. Accordingly, clerks are handsomely rewarde