Oct 1, 2009
SCOTUS-clerk mold is slow to break
Sorry, University of Maryland and University of Baltimore law school students – you don’t have a shot of clerking for U.S. Supreme Court Justice Antonin Scalia.
An ABA Journal story about the composition of current and past clerks at the highest court in the land quotes Scalia telling an American University Washington College of Law student earlier this year she should look elsewhere for a clerkship:
By and large, I’m going to be picking from the law schools that basically are the hardest to get into. They admit the best and the brightest, and they may not teach very well, but you can’t make a sow’s ear out of a silk purse. If they come in the best and the brightest, they’re probably going to leave the best and the brightest, OK?
(The real chutzpah of the quote is that Scalia said it on AU’s campus after being invited by the law school.)
For this upcoming term, the Harvards and Yales of the world still dominate the clerkships, although Justice Samuel A. Alito Jr. “caused a stir” by picking a Seton Hall alumnus as his one of his clerks, according to the story. The universities of Georgia and Texas and George Washington University are also represented this term.
One former justice who didn’t automatically gravitate to top-10 law schools was Byron White, who hired ”interesting people,” including a man who worked in a coal mine.
“Look, there are a hundred people a year that could to the job adequately,” the NFL-player-turned-justice told biographer Dennis Hutchinson. “I might as well have someone who’s interesting, and that doesn’t mean the ones that the fancy law professors recommend.”


Scalia said this over a year ago…nothing new here.