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

"Dear Harry, I need to see you as soon as you have a few free moments. I want to tell you about some developments in Planned Parenthood v. Casey, and at least part of what I say should come as welcome news." And with that handwritten memo from Justice Anthony Kennedy in 1992, Roe v. Wade was saved from the brink of extinction.

Five years after Harry A. Blackmun's death, the Supreme Court justice's papers have been made public. Although the LOC hasn't made images available on the Internet, the New York Times and NPR are publishing features and presentations over the next several days. They provide a fascinating view into the justices' deliberative and decisionmaking process, something that we rarely get to see.
posted by PrinceValium on Mar 4, 2004 - 9 comments