Title : "Getting rid of law clerks would eliminate the harassment problem and get judges doing their own work."
link : "Getting rid of law clerks would eliminate the harassment problem and get judges doing their own work."
"Getting rid of law clerks would eliminate the harassment problem and get judges doing their own work."
"Justice Louis Brandeis, who served from 1916-39, is said to have observed that the high court’s members 'are almost the only people in Washington who do their own work.' That’s not true anymore. The Supreme Court decided 160 cases in 1945, when each justice had a single clerk. Nowadays it decides about half as many cases with four clerks per justice. Law clerks were unknown for roughly the first century of the American judiciary, and the courts seemed to do fine. As my law students often comment, the older opinions are shorter and more intelligible than the newer ones."Writes Glenn Reynolds in the Wall Street Journal.
It really is a very creepy and elitist system, and the unreadable cases — do the judges even read their "own" cases? — are a form of corruption.
On my suspicion that judges have lost track of what's in their own opinions, here's a passage from Woodward and Armstrong's "The Brethren" (which I've blogged before):
[A] clerk once pointed out, “You said that the right to privacy must go further than the home.” “No,” [Thurgood] Marshall retorted. He had never said that.
Yes, the clerk insisted.
No, never, Marshall was sure. “Show me.”
The clerk brought the bound opinions.
Marshall read the relevant section.
“That’s not my opinion, that’s the opinion of [a clerk from the prior term],” he declared. Opening the volume flat, he tore the page out. “There. It’s not there now, is it?”
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