Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court

Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court

Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court

Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court

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Overview

A behind-the-scenes look at the role of law clerks and their history at the U.S. Supreme Court.

Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a be-hind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but also made significant decisions about cases that are often unseen by those outside of justices’ chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and re-lationship with the American public?

Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but also offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive exami-nation of how the role of the law clerk has evolved over its long history.

Praise for Sorcerers’ Apprentices

“A rare book that is both a meticulous piece of scholarship and a good read.” —Law and Politics Book Review

“Helps illuminate the inner workings of an institution that is still largely shrouded in mys-tery.” —The Wall Street Journal Online

“Provides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced.” —Library Journal

Product Details

ISBN-13: 9780814794746
Publisher: New York University Press
Publication date: 11/21/2023
Sold by: Barnes & Noble
Format: eBook
Pages: 353
File size: 3 MB

About the Author

Artemus Ward is assistant professor of political science at Northern Illinois University, and author of Deciding To Leave: The Politics of Retirement from the U.S. Supreme Court.
David L. Weiden is assistant professor of politics and government and director of the legal studies program at Illinois State University.

Table of Contents

IllustrationsAcknowledgments Preface: Awesome Responsibility and Complete Subservience 1 Introduction: The Institutionalization of the Supreme Court Law Clerk 2 A Great Ordeal: Selecting Supreme Court Law Clerks 3 The Junior Court: Deciding to Decide 4 Decision Making: Mission-Inspired Crusaders? 5 Opinion Writing: From Research Assistants to Junior Justices 6 Conclusion: Sorcerers’ Apprentices Appendix A. “Memorandum for the Law Clerks” from the Chambers of Chief Justice Earl Warren Appendix B. Letter from Stephen G. Breyer to Earl Warren, October 6, 1963 Appendix C. Letter from John Minor Wisdom to Hugo Black, October 15, 1965 Appendix D. Justice Harry A. Blackmun’s Talking Points for Interviewing Prospective Law Clerks Appendix E. Memorandum from Molly McUsic to Harry A. Blackmun, re: Certiorari Petition,Planned Parenthood v. Casey, January 4, 1992 Appendix F. Memorandum from Stephanie A.Dangel to Harry A. Blackmun, June 26, 1992 Appendix G. United States Supreme CourtLaw Clerk Questionnaire Notes BibliographyIndex About the Authors 

What People are Saying About This

From the Publisher

“Well-written, needed, and nicely done.”
-Choice

,

“Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read. The authors have . . . sifted through a varied and voluminous amount of archival material, winnowing out the chaff and leaving the excellent wheat for our consumption. They marry this extensive archival research with original survey data, using both to great effect.”
-Law and Politics Book Review

,

“Helps illuminate the inner workings of an institution that is still largely shrouded in mystery.”
-The Wall Street Journal Online

,

“The main quibble . . . with contemporary law clerks is that they wield too much influence over their justices’ opinion-writing. Artemus and Weiden broaden this concern to the clerks’ influence on the thinking of the justices about how to decide cases.”
-Slate.com

,

“Provides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced. Recommended for all academic libraries.”
-Library Journal

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