Tuesday, April 19, 2005
Dissing Blackmun:
Not that i've read the article, but late Justice Blackmun is being criticized for having clerks that wrote opinions, had partisan views, thought about the long term consequences of decisions, and so forth. That's what I look for in a clerk.
I get to focus on the Court's constitutional law decisions, but they get a little of everything. It would be useful to be able to say to a clerk, go look at the legislative history of paragraph 4 of the lepidoptera act, and draft an opinion in the case.
The alternative is a court that gets bogged down by the caseload, and only issues 80 opinions a year.
There's no allegation the clerks dictated the outcome, or that the opinions weren't carefully read over before his name went on them.
This reminds me I need to go check scotusblog, there may have been an opinion issued today.
Not that i've read the article, but late Justice Blackmun is being criticized for having clerks that wrote opinions, had partisan views, thought about the long term consequences of decisions, and so forth. That's what I look for in a clerk.
I get to focus on the Court's constitutional law decisions, but they get a little of everything. It would be useful to be able to say to a clerk, go look at the legislative history of paragraph 4 of the lepidoptera act, and draft an opinion in the case.
The alternative is a court that gets bogged down by the caseload, and only issues 80 opinions a year.
There's no allegation the clerks dictated the outcome, or that the opinions weren't carefully read over before his name went on them.
This reminds me I need to go check scotusblog, there may have been an opinion issued today.
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