David Garrow reviewed
Justice Blackmun's papers,
released to the public in 2005, and
concludes that towards the end of his career, Blackmun's clerks all but signed his opinions. In an
interview, discussing senility and Supreme Court Justices, Garrow argues that there has been "a dramatic increase over the last 35 or 45 years in the amount of the justices’ work that is performed by their law clerks," and recommends a "reduction to two or, even better yet, one clerk" from the four clerks available per Justice now. Garrow also comments on the now-deceased Chief Justice Rehnquist, who suffered from an
addiction to painkillers in the 1980s. Garrow's view is
controversial, though, and Legal Affairs published
several responses in the same issue. Other law professors have weighed in, including
Dan Markel,
Mark Tushnet, and some of the folks at the
Volokh Conspiracy. So how
large is the
impact of law clerks?
posted by monju_bosatsu
on Feb 15, 2006 -
63 comments
