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

  • New Opinions and Updated Statistics: The Supreme Court released three new opinions today and dismissed one hotly-anticipated case as improvidently granted. Graham v. Florida-...
  • 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...
  • Solicitor General Record During OT08: I compiled the SG's win-loss record during OT08 in four different scenarios: When it took part in a case as Petitioner, when it took part as...
  • Advocates Arguing from Private Practice (OT 2000-2011): In my last post, I provided a list of the top Supreme Court advocates of the twenty-first century who had never worked in the Office of the ...
  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...