Law Clerks and the Supreme Court In his book, Storm Center, David O’Brien explains how the role of Supreme Court Law Clerks has evolved dramatically over time. The first clerk was not hired until 1882, meanwhile, it was not a paid position until 1886. In contrast, today law clerks are so essential to the Court’s structure that they are sometimes referred to as “junior justices.” As O’Brien analyzes this transition it can seem as though the modern Justices are just trying to put their work off on other people. However, this just merely scratches the surface of what’s actually going on. The growing importance of law clerks over time not only reflects the growth and expansion of the United States as a whole but also shifts in how our society functions. As a result, the Court has had to take on more responsibility, while also changing the way they approach their jobs. There is no doubt that the Supreme Court has become more institutionalized since its founding, due its growing caseload. At first, the growing caseload was a result of the countries …show more content…
While there is some merit to this argument, it’s actually just a reflection of institutionalization in the Court and also society as a whole. For a wide variety of jobs, the higher up roles rely heavily on secretaries and interns to do the dirty work, for lack of a better term. For example, when you “call your congressman,” you’re not actually talking to your Congressman on the phone. You are talking to an intern who relays your message to the Member of Congress’s staff, who reports the general feelings of the district to the Congressman. It would be impossible for a Member of Congress to answer every single phone call, read every email, and letter and still be able to get anything else done. The fact of the matter is, the role of the law clerk is merely interconnected with how today’s society