Vanderbilt Law Review Volume 62 | Issue 6 Article 3 11-2009 The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation? William E. Nelson Harvey Rishikof I. Scott esM singer Michael Jo Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation William E. Nelson, Harvey Rishikof, I. Scott eM ssinger, and Michael Jo, The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation?, 62 Vanderbilt Law Review 1747 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol62/iss6/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact
[email protected]. The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation? William E. Nelson, Harvey Rishikof L Scott Messinger, Michael Jo 62 Vand. L. Rev. 1749 (2009) This Article presents the first comprehensive empirical study of the post-clerkship employment of law clerks at the Supreme Court from 1882 to the present, and it uses that data to flesh out a historical and institutional interpretation of the clerkship and the recent politicalpolarization of the Court more generally. The liberal tradition of the clerkship arose out of Louis Brandeis's vision of former law clerks serving a progressive legal agenda, a tradition that Felix Frankfurter helped institutionalize while striving to remove ideological bias. With the advent of a conservative bloc on the Court, this tradition has waned, due to the emergence of markedly partisanpatterns in the Justices' hiring of clerks and post- clerkship careers in academia, private practice, and government.