The secret life of a clerk
April 12, 2006
Artemus Ward, a political science professor, had a book published on the jobs law clerks do within the Supreme Court that often go unnoticed by the public.
The book, titled “Sorcerer’s Apprentices,” provides an in-depth look into the widely-kept secret held by justices and their law clerks.
Northern Star: When did you begin writing the book and what inspired you to write on this subject?
Ward: It was almost 10 years [ago] that I began to write. There just wasn’t a lot of research and people don’t know what the clerks do.
NS: What is the most important thing your book reveals?
Ward: Well, the clerks do all the work. They write opinions. The opinion writing is the most important because it’s the law, and the clerks compose those works.
NS: Do you feel this behavior is widespread? Is this a new trend?
Ward: Yeah, it’s been going on for about 50 years now to the point where it is rare for a justice to write their own opinions. I think it’s a norm, an informal norm, that has been accepted. In the old days clerks wrote opinions as an assignment, and over time justices found that clerks were writing very good opinions.
NS: Is this ethical?
Ward: Well, I think that there is the potential for abuse. If the justices don’t properly read through the opinion, these law clerks can potentially have a lot of influence on the law. I think that some clerks do have quite a lot of influence, although it does depend on the judge.