Washington University Journal of Law & Policy

Article Title

Former Roberts Court Clerks’ Success Litigating Before the Supreme Court

Authors

Adam Feldman, Postdoctoral Fellow in the Empirical Study of Public Law at Columbia Law School, Ph.D. Candidate in Political Science at the University of Southern California

Publication Title

Washington University Journal of Law & Policy

Abstract

This Article examines whether former Roberts Court clerks have a litigating advantage before their former bosses. Feldman’s findings suggest these clerks do have an advantage, but only under certain circumstances. The Article finds that former Roberts Court clerks have about an even chance of receiving votes from the Justices for or against the positions they argue. Feldman concludes it is when these former clerks argue positions ideologically aligned with their former Justices, they enhance their chance of success above this fifty percent threshold.

Recommended Citation

Adam Feldman, Former Roberts Court Clerks’ Success Litigating Before the Supreme Court, 54 Wash. U. J. L. & Pol’y 057 (2017),
https://openscholarship.wustl.edu/law_journal_law_policy/vol54/iss1/10