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

  • Supreme Court Releases April Hearing List: The Supreme Court today released the Hearing List for April. Gregory Garre, former Solicitor General, will argue two times in the next ...
  • A Deeper Look at Reversal Rates: An article in today's Cincinati Enquirer highlights the Sixth Circuit's current 15-case losing streak in the Supreme Court. Circuits regular...
  • Average Age (1800-2010): I've posted a PDF of the Court's average age at the beginning of every term from 1800-present. The ages were taken on the first Monday in Oc...
  • Justice Thomas' History at Oral Argument: The big news in the world of the Supreme Court today is that Justice Thomas finally spoke at oral argument. It is not clear exactly what he ...
  • OT 08 Term Statistics: With the release of several opinions this week, the Court has now released 26 opinions for the term. Its time to take a look at some of the ...