Break the Supreme Court law clerk cartel

The useful part

This is the eighth and final piece in a series on what I believe the court can, and should, do better. 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.

How it works

• As a thought experiment, I proposed how Congress could phase out Supreme Court law clerks altogether.
• The justices would acknowledge that for every clerk that is hired, there are many more equally qualified candidates.
• 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.
• Invariably, these former clerks often become the biggest boosters for their justice and the court itself.

Details worth keeping

* Every year, each justice hires four law clerks. The information they learn makes them extremely valuable. I have been critical of this law clerk cartel.