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7 Charleston L. Rev. 95 (2012-2013)
Of Leakers and Legal Briefers: The Modern Supreme Court Law Clerk

handle is hein.journals/charlwrev7 and id is 105 raw text is: OF LEAKERS AND LEGAL BRIEFERS: THE MODERN SUPREME COURT LAW CLERK Todd C. Peppers* I. INTRODUCTION ......................... .....95 II. A BRIEF HISTORY OF THE RISE OF THE SUPREME COURT LAW CLERK................99 III. THE MODERN SUPREME COURT LAW CLERK..........107 IV. CONCLUSION. .......................... .....109 I. INTRODUCTION In the weeks leading up to the announcement of the Supreme Court's decision in the historic Obamacare case,1 news commentators and legal scholars frantically searched for clues or leaks regarding the Justices' votes. Despite their spirited attempts to unearth information regarding the pending case, Harvard Law School Professor Jack Goldsmith suggested that the efforts were in vain.2 In an article entitled Temple of Silence: Why SCOTUS Leaks Less than the CIA, which was published in the weeks before the Obamacare decision was announced, Goldsmith explained how the unique institutional rules and practices of the Supreme Court made it less likely to be the * Todd C. Peppers is a visiting professor of law at the Washington and Lee School of Law and the Henry H. and Trudye H. Fowler Associate Professor of Public Affairs at Roanoke College. He is the author of Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk and the co- editor of In Chambers: Stories of Supreme Court Law Clerks and Their Justices. He would like to thank Professor Chad Oldfather of Marquette Law School for providing feedback on the article, and Gabby Peppers for editing it. 1. Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. _, 132 S. Ct. 2566 (2012). 2. Jack Goldsmith, Temple of Silence: Why SCOTUS Leaks Less than the CIA, NEW REPUBLIC (June 23, 2012, 12:00 AM), http://www.tnr.comlarticlel politics/magazine/104219/jack-goldsmith-SCOTUS-Leaks-CIA. 95

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