Peek into the chambers of SCOTUS

This article by David Garrow in Legal Affairs, "The Brains Behind Blackmun", provides a fascinating insight into the usually secret world of the chambers of the Supreme Court of the United States. Drawing on the recently released papers of Harry Blackmun, Supreme Court justice from 1970 to 1994, Garrow reveals what he calls "a scandalous abdication of judicial responsibility".

According to Garrow, the papers show "the story of a justice who ceded to his law clerks much greater control over his official work than did any of the other 15 justices from the last half-century whose papers are publicly available".

While clerks are often responsible for assisting their justice in research, reasoning and drafting, it is a combination of the degree of influence that Blackmun's clerks had over his published opinions, as well as the manner in which the clerks exercised that influence, that offends Garrow.

The clerks' memos display an inappropriate degree of informality and assertieness, suggesting that Blackmun's clerks had permission to be more candid in expressing their feelings about the other justices, and, more disturbingly, that the clerks were used to hetting their way with Blackmun. Garrow shows example after example of clerks requesting, sometimes insisting, that a change be made or something be done, and the clerk's way being followed.

Extremely interesting for those interested in how laws are made and interpreted.