[CHARLITE]

Ping!

[Michael.SF.]

Has this not been standard practice for many years?

The Justices are more like the Editor of newspaper, in that his name is on it, but others do the leg work. They serve to guide, not sit at a computer and type.

[Enterprise]

"Congress should put aside partisan warfare over the federal judiciary long enough to enact a reform — a limit of one law clerk per justice"

Fat chance.

[colorado tanker]

Having the clerks do research and a first draft is routine. But it looks like Harry relied on them more than he should have. Just confirms what I've thought for a long time - Harry wasn't the sharpest knife in the drawer. He just repeated stuff he knew would get him in with the law professoriate and MSM.

[NJ_gent]

"One last example: the important 1985 federalism case of Garcia vs. San Antonio Metropolitan Transit Authority. According to Greenhouse, after the justices had privately voted, 5 to 4, and after Blackmun had already been assigned to write the majority opinion, one of his clerks informed him that he — the clerk — disagreed, and would rather draft an opinion switching Blackmun to the side of the four dissenters. Blackmun acquiesced, the minority became a majority, and constitutional law made a major, unexpected turn."

Wait, so you mean to tell me that judges on the Supreme Court can change their minds after talking with other people? Oh my, how is such a travesty legal?! [/sarcasm]

[Alberta's Child]

I suspect a lot of Americans would be shocked at just how mediocre many U.S. Supreme Court justices are. Almost as mediocre as U.S. Senators, for the most part.

[kennedy]

I guess it comes down to a question of who you would prefer writing laws, 80+ year old judges who have been appointed for life or 25 year old clerks fresh out of law school.

Personally, I would prefer to leave writing laws to elected legislatures.

[supercat]

Compare the syllabus of U.S. v. Miller with the text of the actual decision and the power of the clerks becomes apparent, especially when at least one other court IIRC seems to have cited the syllabus to U.S. v. Miller in making its decision.

[bubman]

Ping

[Congressman Billybob]

This article's revelations concern me greatly, but do not surprise me in the least. When you read the early decisions of the Supreme Court, you are reading the words as written by the Justices themselves.

Justices, like Congressman and Senators, become products of their staffs in direct proportion to how much staff they have. The staffs put out their laws, their letters, their decisions, their press releases, their speeches. In the end, the Justice, Member of Congress, whatever, need only be sufficiently sober to cast a vote. All else can be done by others.

Congressman Billybob

Latest column: "The Gunfight at Not-OK Corral"

[em2vn]

Was it Justice Powell who said that he personally wrote every decision that bore his name? I believe he also did the greater amount of the research that went into his writings.
Plese correct me if I have identified the wrong Justice.

[deport]

Eye Opener......

In what regard?

[Doe Eyes]

More lies from the Times.

Does anyone beleive the BS they print?

[Huntress]

I imagine that age has a lot to do with how much work a judge delegates. Being a Justice is hard and stressful mental work, more than an ill octogenarian can handle. If a Justice is letting his clerks decide his cases, he needs to retire.

[Sandy]

The author wrote a much longer article about this subject for Legal Affairs Magazine last month. Very interesting stuff:

The Brains Behind Blackmun, By David J. Garrow

[dread78645]

"Last week, following his disappointment over the Easter Bunny, Pulitzer Prize-winner David J. Garrow was devastated after he learned that there's no Santa Claus."