I’ve been thinking a lot lately about the role clerks play and how they influence the way cases are accepted and decided. Obviously they play a huge role in Cert. Pool (which Justices Stevens and Alito forgo) as well as writing the opinions once they are ready to be distributed.

In today’s order’s list (here), Justice Stevens dissents from a number of denials of cert. It seems likely that his rogue behavior has to do with the fact that he has his own clerks write briefs specifically targeted to him. Its relatively rare to see a Justice singled out as dissenting from a denial of cert. and it it should be noted that in today’s list he dissented from four separate denials.

With Justice Alito’s decision to remove himself from the cert. pool, the pool will grow less efficient and it will be interesting to see if his decision will influence future Justices.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Chief Justice Roberts and Unanimous Decisions: When he was nominated to the Supreme Court, Chief Justice Roberts mentioned that one of his main objectives as chief justice would be to cre...
  • Updated Advocate Scorecard (OT00-10): The Court's hearing list for this month completes the list of attorneys who will argue before the Supreme Court during October Term 2010. I'...
  • Updated Term Statistics: I've updated the term statistics and you can find the new versions of each chart below: Complete (includes all three charts) --- Term I...
  • PDF Packs for the Past Decade: I've been pillaging the Supreme Court's website in search of PDFs that I can archive for future reference. Using the Court's website and the...
  • Uninterrupted Distributions Count for OT10 Cases: Docket pages for each case at the Supreme Court list when a case is distributed for a given conference and, therefore, up for consideration....