LAW
CLERKS AND CLERKING AT THE U.S. SUPREME COURT |

Introduction to Clerking |
Selecting Supreme Court Clerks |
The Clerking Experience |
Law Clerks Remember |
The Supreme Court |
Further Reading
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Every year, the nine Justices of the United States Supreme Court, like other federal and state judges across the country, hire talented law school graduates to serve as law clerks. The clerks help the Justices review certiorari applications and assist them in researching and writing their judicial opinions. The law clerk selection process has recently become a subject of academic and even public debate.
For those who would like to know more about the process and about the general experience of Supreme Court clerking, JURIST: The Legal Education Network presents or recommends resources in the following categories:
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Introduction to Clerking
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Selecting Supreme Court Clerks
- The highest clerks in the land (Deb Price, Detroit News, July 18, 1996)
- Corps of clerks lacking in diversity (Tony Mauro, USA Today, June 5, 1998)
- Diversity among clerk candidates urged (Tony Mauro, USA Today, June 5, 1998)
- Court faulted on diversity (Tony Mauro, USA Today, June 5, 1998)
- Law groups ask high court to hire more minorities (Tony Mauro, USA Today, June 5, 1998)
- Rehnquist won't discuss minority clerks (Tony Mauro, USA Today, June 10, 1998)
- NAACP President Kweisi Mfume, Address to the NAACP First Plenary Session, July 13, 1998: (excerpt)
"This Supreme Court ought to be ashamed of itself. After having existed now
for 200 years, denying day in and day out denying opportunity for law clerks
of color to have a chance to come in and to shape policy. We're working with
the National Bar because we find that is a picture that doesn't make much
sense. The Supreme Court has decreased the threshold of opportunity for
minorities. Ask a Latino or Hispanic law clerk. They're both so few and far
between, you have to go hunt to find one. You know in 200 years there's
never been a Native American law clerk? And do you know today, at this
convention, of 397 law clerks, who read the initial briefs, who decide what
moves forward and what gets sent back, who helps to write the decisions,
who has the ear of those justices, who partake in much of the process -- of
that 397, seven are of African ancestry. So don't sit around, fellow justices,
and tell us about affirmative action, that there's no need for it, until you learn
how to practice some on your own."
- Color-blind court? (interview with former law clerks to Justices Clarence Thomas, Stephen Breyer, Thurgood Marshall, William Rehnquist and Byron White; PBS Newshour, July 23, 1998) [also available in RealAudio]
- Only one new law clerk is minority (Tony Mauro, USA Today, September 10, 1998)
- A different diversity: Judge Thomas Brennan's proposal
for reforming the law clerk selection process (transcript of an
interview with Kristin Abramson, 1L, University of Pittsburgh School
of Law, September 25, 1998) [interview also available in audio]
- Protest targets lack of minority clerks (Tony Mauro, USA Today, October 1, 1998)
- National Bar Association forms Task Force to address critical lack of minority law clerks at United States Supreme Court (National Bar Association Press Release, October 2, 1998)
- NAACP Protest Demonstration (October 5, 1998)
- NAACP President arrested at Supreme Court protest against lack of minority law clerks (Ron Collins, JURIST, October 5, 1998)
- Bring back diversity to nation's top court (Frank Wu, Howard University Law School, October 12, 1998)
- Racial politics at the Supreme Court (Eugene Volokh, UCLA School of Law, October 12, 1999)
- A mostly white court staff: the Supreme Court hires few minority clerks (Editorial, Bergen Record, October 21, 1998)
- Disabled clerk might be a first for high court (Tony Mauro, USA Today, November 9, 1998)
- Rehnquist: diversity a grad pool function (Tony Mauro, USA Today, December 8, 1998)
- Text of Rehnquist letter on law clerk hiring (USA Today, December 8, 1998; letter sent November 17, 1998)
- Justices again defend hiring practices (Tony Mauro, USA Today, December 11, 1998)
- Scalia defends clerk hiring record (Tony Mauro, USA Today, February 22, 1999)
- Congress grills justice on clerks (Tony Mauro, USA Today, March 11, 1999)
- High court hires more minorities (Tony Mauro, USA Today, September 9, 1999)
- Minority leaders protest Supreme Court (Tony Mauro, USA Today, October 2, 1999)
- Supreme Court opening doors slightly: number of minority clerks rises slightly (Tony Mauro, Legaltimes.com, March 6, 2000)
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The Clerking Experience
- Court-watchers wary of clerks' clout (Tony Mauro, USA Today, June 5, 1998)
- Insider's book breaks code of silence (Closed Chambers: The First Eyewitness Account of the Epic Struggles Inside the Supreme Court, by Edward Lazarus, former clerk to Justice Harry Blackmun; Tony Mauro, USA Today, June 5, 1998)
- Special Issue on Closed Chambers (JURIST Books-on-Law, May 1998)
- Comment on Closed Chambers by Judge Alex Kozinski, US Court of Appeals for the Ninth Circuit (JURIST Books-on-Law, June 1998)
- "Closed Chambers": David Gergen talks with Edward Lazarus (PBS Newshour, June 15, 1998)
- Objection, Your Honor: Edward Lazarus examines the inner workings of the Supreme Court (online viewer forum; PBS Newshour, June 23, 1998)
- Edward Lazarus responds to his critics (JURIST Books-on-Law, July 1998)
- Supreme Court tightens secrecy rules for clerks in wake of tell-all that infuriated judiciary (Tony Mauro, USA Today, November 9, 1998)
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Law Clerks Remember
- Remembrances of Justice Harry Blackmun (United States Supreme Court, 1970-1994; JURIST)
- Oral history interviews with former law clerks for Justice Stanley Reed (United States Supreme Court, 1938-1957; Stanley Forman Reed Collection, University of Kentucky Libraries)
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The Supreme Court
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Further Reading (offline...)
- The Law Clerk Experience: A Bibliography (US Courts, Tenth Circuit)
- Jonathan S. Greene, "Supreme Insights: A Look into the Most Prestigious Judicial Clerkship of All", 24 Student Lawyer 27 (1996)
- Mark R. Brown, "Gender Discrimination in the Supreme Court's Clerkship Selection Process," 75 Oregon Law Review 359 (1996)
- Milton C. Handler, "Clerking for Justice Harlan Fiske Stone" 1995 Journal of Supreme Court History Annual 113
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