Supreme Court justices rely on legal advisers to draft opinions for the 100 cases discussed each year. Interning at the Supreme Court is highly sought after, but requires a doctorate in juris and experience as a federal appeals court employee. Staff research and write memoranda on “certificate-worthy” cases, and often draft the judges’ opinions. Only a few justices write their own drafts, highlighting the power of those who obtain a Supreme Court seat. Many apply to work for other federal courts or state supreme courts.
When US Supreme Court justices are called upon to write their often exhaustive opinions on the 100 or so cases accepted for discussion each year, their legal advisers often draft these treatises. Each court is allowed up to four officers at a time to help them handle the approximately 10,000 annual petitions for judicial review, called certiorari. A Supreme Court office also means hearing these cases every year for people with legitimate claims of unfairness or unconstitutionality.
A Supreme Court internship is considered by many recent law school graduates to be the epitome of new lawyer jobs. Not only must candidates for each judge have a doctorate in juris, but also recent experience as an employee of a federal appeals court judge. Joining this club can be the cornerstone of a lucrative partnership, often just a few years after graduation.
Oral and written arguments are the pinnacle of Supreme Court deliberations, but not until all unworthy cases are eliminated. Since the 1970s, judges have assigned staff to the court’s “certificate suite” to write short memoranda on all petition cases, along with succinct legal opinions on their merits. A Supreme Court office is likely to be consumed with this type of triage.
When cases are finally accepted, another essential secretarial responsibility of the Supreme Court comes into play. Officials will research all angles of “certificate-worthy” cases and then craft a memorandum for judges to review before hearing oral allegations. They will then hear these oral arguments from the right wall of the Supreme Court chambers. With or without instructions from the judges, officials often write the first drafts of the judges’ opinions so that votes and legal precedence can finally be tallied.
According to a 2006 New York Times review of the book The Sorcerer’s Apprentices: 100 Years of US Supreme Court Officials, only two justices at the time wrote “some” of their own drafts – David Souter and Antonin Scalia. Judge John Paul Stevens was the only one who wrote all of his own drafts. This points to the considerable power given to those who obtain a Supreme Court seat to influence constitutional history.
With limited seats, not everyone who runs for a seat on the Supreme Court can get it. Many also apply to work as employees of various other federal courts—from district, circuit, and appellate courts across the country to more specialized courts in bankruptcy, international trade, and taxation. State supreme court judges also hire staff to help them do their jobs more efficiently.
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