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Supreme Court Clerk Hiring Watch (OT 2008): Another Justice Finishes Up

Supreme Court hallway Above the Law Above the Law Above the Law.JPGAlmost half of the justices are done hiring their law clerks for October Term 2008. The latest justice to finish up: Justice Anthony M. Kennedy.

In addition to Chris Walker (Stanford 2006 / Kozinski), whose hiring has been previously noted in these pages, congratulations to the three newest AMK clerks:

1. Ashley Keller (University of Chicago 2007 / Posner)
2. Travis Lenkner (Kansas 2005 / Kavanaugh)
3. Steven Shepard (Yale 2007 / Kozinski)

It’s unusual to have two clerks from the same feeder judge in the same justice’s chambers. But if there’s any combination that’s likely to produce such a development, it’s Kozinski —> Kennedy (just as Luttig would sometimes send two clerks to Justice Scalia in the same Term; also note Judge Garland filling three out of Justice Stevens’s four slots in OT 2008).

Ashley Keller appears to be the first Chicago clerk in OT 2008. Also note the (unsurprising) emergence of the well-connected Judge Brett Kavanaugh (D.C. Cir.), relatively new to the federal bench, as a feeder judge extraordinaire.

The current tally of OT 2008 SCOTUS clerks, with the three new Kennedy clerks added, appears after the jump.

Are you aware of an OT 2008 clerk who isn’t on the list? If so, please contact us, by email (subject line: “Supreme Court clerk hiring”).

(You can also post a comment, but we prefer email for this subject, for verification and possible follow-up. Thanks!)

OCTOBER TERM 2008 SUPREME COURT CLERK HIRES (as of December 6, 2007)

Chief Justice John G. Roberts
1. Porter Wilkinson (UVA 2007 / Kavanaugh)
2. ?
3. ?
4. ?

Justice John Paul Stevens
1. Jessica Bulman-Pozen (Yale 2007 / Garland)
2. Cecelia Klingele (University of Wisconsin 2005 / B. Crabb (W.D. Wis.) / S. Black (11th Cir.))
3. Lindsey Powell (Stanford 2007 / Garland)
4. Damian Williams (Yale 2007 / Garland)

Justice Antonin Scalia
1. Jameson Jones (Stanford 2007 / Sutton)
2. Yaakov Roth (Harvard 2007 / Boudin)
3. David Thompson (Stanford 2007 / Kozinski)
4. Moshe Spinowitz (Harvard 2006 / Boudin)

Justice Anthony M. Kennedy
1. Ashley Keller (University of Chicago 2007 / Posner)
2. Travis Lenkner (Kansas 2005 / Kavanaugh)
3. Steven Shepard (Yale 2007 / Kozinski)
4. Chris Walker (Stanford 2006 / Kozinski)

Justice David H. Souter
1. ?
2. ?
3. ?
4. ?

Justice Clarence Thomas
1. William S. Consovoy (GMU 2001 / E. Jones)
2. Jennifer Mascott (GW 2006 / Kavanaugh)
3. Patrick Strawbridge (Creighton 2004 / M. Arnold)
4. Claire Evans (Rutgers - Camden 2002 / Simandle (D.N.J.) / Chertoff (3d Cir.) / Sentelle)

Bonus hire, for October Term 2009: Marah Stith (Yale 2006 / O’Scannlain)

Justice Ruth Bader Ginsburg
1. Sue-Yun Ahn (Columbia 2006 / Cote (S.D.N.Y.) / Tatel Tot)
2. Miriam Seifter (Harvard 2007 / Garland)
3. Kevin Schwartz (Yale 2006 / Calabresi)
4. Rob Yablon (Yale 2006 / W. Fletcher)

Bonus hire, for October Term 2009: John Rappaport (Harvard 2006 / Reinhardt)

Justice Stephen G. Breyer
1. Seth Grossman (Yale 2005 / Reinhardt / Calabresi)
2. Aileen McGrath (Harvard 2007 / Boudin)
3. Matthew E. Price (Harvard 2006 / Boudin)
4. ?

Justice Samuel Alito
1. Dana R. Irwin (Yale 2002 / Scirica)
2. Jack L. White (Pepperdine 2003 / Alito)
3. ?
4. ?

Justice Sandra Day O’Connor (retired):
1. ?

Please bring errors or omissions to our attention by email (subject line: “Supreme Court clerk hiring”). Thanks.

List of law clerks of the Supreme Court of the United States [Wikipedia]

Earlier: Prior ATL coverage of Supreme Court clerks (scroll down)

Comments

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1 Posted by guest | Permalink Thursday, December 6, 2007 5:44 PM

Am I first?

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2 Posted by guest | Permalink Thursday, December 6, 2007 5:45 PM

It's been said before, and I'll say it again: TTT clerks for a TTT Justice

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3 Posted by anon | Permalink Thursday, December 6, 2007 5:48 PM

Michigan's streak is in jeopardy.

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4 Posted by guest | Permalink Thursday, December 6, 2007 5:50 PM

Sure, bc Koz, Posner and Kavanaugh are loser judges who attract loser clerks. Get real.

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5 Posted by guest | Permalink Thursday, December 6, 2007 5:51 PM

Can someone explain why O'Connor still gets a clerk?

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6 Posted by guest | Permalink Thursday, December 6, 2007 5:55 PM

551, hang your head in shame. You are too stupid to post on any board RELATED to SCOTUS.

Ashley Keller is SMOKING hot!!!

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7 Posted by guest | Permalink Thursday, December 6, 2007 5:56 PM

She still sits by designation on courts of appeals. But the clerk ends up spending most of his time as a 5th for Stevens, I think.

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8 Posted by guest | Permalink Thursday, December 6, 2007 5:59 PM

Clerk also helps SOC with speeches, books.

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9 Posted by Patrick | Permalink Thursday, December 6, 2007 6:07 PM

Kansas?

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10 Posted by 5:51 | Permalink Thursday, December 6, 2007 6:09 PM

I thank 5:56 and 5:59 for the info.

I pity 5:55 for having nothing better to do than checking if SCOTUS clerks are hot.

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11 Posted by guest | Permalink Thursday, December 6, 2007 6:11 PM

Ashley Keller is fabulous!

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12 Posted by guest | Permalink Thursday, December 6, 2007 6:13 PM

What exactly does a clerk for a retired SC justice do? Do firms pay the clerkship bonus for such clerks?

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13 Posted by guest | Permalink Thursday, December 6, 2007 6:14 PM

555, what does she look like?

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14 Posted by guest | Permalink Thursday, December 6, 2007 6:19 PM

Keller is a dude, right? Need pics!

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15 Posted by guest | Permalink Thursday, December 6, 2007 6:23 PM

Yes, a dude. 1st in class at Chicago law and he grabbed an MBA with highest honors too.

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16 Posted by 5:45 | Permalink Thursday, December 6, 2007 6:34 PM

5:50, I was referring to Thomas

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17 Posted by 5:50 | Permalink Thursday, December 6, 2007 6:40 PM

Not clear from your post, but a harder argument to refute.

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18 Posted by guest | Permalink Thursday, December 6, 2007 6:58 PM

wilkinson clerks have gotten pwnd thus far this year

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19 Posted by guest | Permalink Thursday, December 6, 2007 7:00 PM

Sorry ladies, Ashley is married.

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20 Posted by guest | Permalink Thursday, December 6, 2007 7:04 PM

OMGWTF Chicago has the same number of clerks as Wisconsin, Pepperdine, and Kansas?!?!?!??!?!

Why the hate? Has the socially retarded factor finally started getting to the justices?

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21 Posted by guest | Permalink Thursday, December 6, 2007 7:34 PM

Rock Chalk, Jayhawk.

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22 Posted by guest | Permalink Thursday, December 6, 2007 7:50 PM

Where the hell are all of the Michigan grads? Everyone knows that Michigan Lawyers are the best. Wake up SCOTUS!

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23 Posted by guest | Permalink Thursday, December 6, 2007 8:06 PM

I too am surprised by the dearth of Michigan Law grads. They are usually pretty consistent with one or two a year.

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24 Posted by guest | Permalink Thursday, December 6, 2007 8:10 PM

7:04, I think you're mistaking intellectual engagement for social retardation. Most law students are vacuous, money-oriented douchebags. I'd prefer a Chicago nerd any day.

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25 Posted by Anonymous | Permalink Thursday, December 6, 2007 9:17 PM

Is it me or does Porter Wilkinson's b-lline to the Roberts chambers seem more and more like nepotism? Not to begrudge her intelligence, but Roberts' later hiring schedule for every *other* clerk seems to suggest that she got special treatment and unfair advantage.

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26 Posted by guest | Permalink Thursday, December 6, 2007 9:43 PM

Souter will come through for Michigan

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27 Posted by guest | Permalink Thursday, December 6, 2007 9:51 PM

Souter's hired 3 Mich grads ever. Not the best odds.

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28 Posted by guest | Permalink Thursday, December 6, 2007 9:51 PM

Is this Ashley Keller the guy who dropped out of Harvard to found why.com?

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29 Posted by guest | Permalink Thursday, December 6, 2007 9:55 PM

9:51, your information is wrong. He's hired 5 grads UMich since 1995 , including one in 2004 and one in 2006.

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30 Posted by 7:04 | Permalink Thursday, December 6, 2007 10:57 PM

8:10, lol. I went to Chicago. Trust me, in addition to the brilliant minds it has more than its fair share of legitimate social retards.

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31 Posted by guest | Permalink Thursday, December 6, 2007 11:02 PM

It is kind of interesting that Mr. Keller wasn't on Law Review. I wonder what the breakdown of clerks who were on law review is? It doesn't seem like it is much of a help.

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32 Posted by guest | Permalink Thursday, December 6, 2007 11:21 PM

10:57, was Keller a brilliant mind, a social retard, both, or neither?

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33 Posted by guest | Permalink Thursday, December 6, 2007 11:36 PM

strong nyu showing

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34 Posted by 10:57 | Permalink Friday, December 7, 2007 12:34 AM

11:21, very smart, friendly, charismatic. A bit arrogant but far from the worst offender at Chicago. I went to his wedding and was genuinely happy to attend, which is more than I can say for a decent percentage of people I met in law school. I am pretty sure he didn't do the writing competition for law review (which you have to do even if your grades are high enough to grade on) because he just plain didn't want to be on law review. Apparently foregoing it didn't hurt him any.

The retard reference was to the school population in general (not to Ashley specifically) -- particularly the undergrads, but definitely not excluding the law students. If you've never spent time at Chicago it might be tough to really "get" what I'm talking about. But it has its reputation for a reason.

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35 Posted by guest | Permalink Friday, December 7, 2007 12:59 AM

how do you apply for a scotus clerkship? what's the timing? i know - i'm a douche.

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36 Posted by maybe me...? | Permalink Friday, December 7, 2007 2:18 AM

i graduated from hofstra in the top 50% i dew insurance defense work now in parsippany.

i applied for to clerk for souter....i think im a shoe in.

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37 Posted by guest | Permalink Friday, December 7, 2007 3:22 AM

Not the first time Keller has been mentioned on a Lat blog. See point 8 here:

http://underneaththeirrobes.blogs.com/main/2005/05/judicial_sighta.html

Keller and his teammate won the competition.

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38 Posted by anonymous | Permalink Friday, December 7, 2007 8:14 AM

Ashley was on Law Review, he just wasn't an editor. Had better things to do, I guess. He's actually a very nice guy to boot, although he as an unnatural attachment to the WSJ op-ed page.

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39 Posted by NYU 3L | Permalink Friday, December 7, 2007 8:34 AM

Nice to see that NYU is still scoring a goose egg on clerkships this year. Maybe if we did not have students who thought it was okay to ask a justice if he sodomizes his wife and actually had some diversity of viewpoints we would do better. It seems our ass kissing of Justices Breyer and Ginsburg have not paid dividends.

The fourth best law school should be doing better than Creighton.

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40 Posted by guest | Permalink Friday, December 7, 2007 8:53 AM

ashley definitely wasn't on law review. instead he spent the extra time with his family and destroying all of his classes. looks rational to me.

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41 Posted by Kid Fort Wayne | Permalink Friday, December 7, 2007 9:10 AM

Yes to Creighton baby! I went there (and while I'm amazed anyone from my school made i to SCOTUS), it's awesome.

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42 Posted by guest | Permalink Friday, December 7, 2007 9:10 AM

10:57/12:34, I agree with you that Chicago has more than its fair share of socially geeky students, but most are pretty normal by lawyer standards. I don't think the Justices have all of a sudden hit their tolerance for nerdiness. Chicago is having a below average year because a below average number of students applied for jobs at the high court. Chicago only had 4 applicants, 2 of whom had high honors or better. Even if Ashley ends up being the only clerk (and there is still time for another to land a job) Chicago would have still placed 25% of its applicants. Not a horrible percentage, even if the raw number is low.

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43 Posted by Kid Fort Wayne | Permalink Friday, December 7, 2007 9:10 AM

Yes to Creighton baby! I went there (and while I'm amazed anyone from my school made it to SCOTUS), it's awesome.

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44 Posted by guest | Permalink Friday, December 7, 2007 9:23 AM

None of these clerks are hedge fund managers; ergo, they are losers.

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45 Posted by guest | Permalink Friday, December 7, 2007 9:26 AM

It's good to see that Justice Thomas still believes in the affirmative action program that got him his current position in the first place.

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46 Posted by guest | Permalink Friday, December 7, 2007 9:29 AM

9:23 -

The vast majority of hedge fund managers fail and end up as stock brokers or worse; ergo, they are losers.

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47 Posted by guest | Permalink Friday, December 7, 2007 9:36 AM

9:10 - I'm not surprised Creighton has a clerk with Thomas. I believe Thomas's wife is a graduate of that law school.

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48 Posted by anon | Permalink Friday, December 7, 2007 10:06 AM

9:23 uses the word ergo, therefore he is a loser.

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49 Posted by Anonymous | Permalink Friday, December 7, 2007 10:07 AM

I have the highest respect for Thomas as a Justice and I agree with most of his opinions, but he is being truly ridiculous by hiring unqualified clerks year after year. It seems to get worst with time, too. I know he wants to get back at his alma matter and that is understandable given how Yale treated him, but nothing stops him from taking most or all of his clerks from HLS. HLS is friendlier toward non-liberals anyway.

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50 Posted by guest | Permalink Friday, December 7, 2007 10:30 AM

I was in a couple of Ashley's classes in law school, and he was a very nice guy, not to mention super sharp. Not only did he graduate first in his class from law school, he was getting an MBA at the same time. I heard he and his wife just had a baby.

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51 Posted by Rutgers | Permalink Friday, December 7, 2007 10:30 AM

While I know nothing about Justice Thomas' other 3 clerks, everything I have heard anecdotally about Claire Evans indicates she is highly qualified.

Of course, no Rutgers Law grad is going straight to SCOTUS upon graduation, and rarely straight to the COA.

But, individuals who excel in District Court and then the COA have now put in 5+ years to reach where the Ivy '07 class got in 4. Same for Klingele, apparently.

Credit to them.

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52 Posted by guest | Permalink Friday, December 7, 2007 10:52 AM

10:07 --

Something does stop Thomas from taking most or all of his clerks from HLS -- the fact that there are a host of superior candidates from other schools. HLS doesn't have a monopoly on legal genius.

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53 Posted by guest | Permalink Friday, December 7, 2007 10:54 AM

9:10: Why was the raw number of applicants low? Is it because Chicago is placing fewer feeder clerks?

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54 Posted by anon | Permalink Friday, December 7, 2007 11:25 AM

Anyone know if Roberts has started interviewing for his other three slots?

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55 Posted by Hmm? | Permalink Friday, December 7, 2007 11:27 AM

9:10--

Where are you getting your data on the number of Chicago applicants? I'm not sure how even the school would necessarily know. I think most applicants send their applications themselves.

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56 Posted by guest | Permalink Friday, December 7, 2007 11:34 AM

I bet 9:10 is a faculty member.

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57 Posted by anonymous | Permalink Friday, December 7, 2007 12:32 PM

Why hasn't Justice Souter hired anyone for OT '08? I hope it's not an ominous sign. Please, Justice Souter - do not retire until after Bush leaves the White House.

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58 Posted by anon | Permalink Friday, December 7, 2007 12:52 PM

12:32--

Justice Souter always hires late. His chambers has publicly announced that he will be hiring for this year; he imposed an application deadline of Nov. 30 and announced (in a form letter to applicants) that he would begin considering applications in December.

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59 Posted by 9:10 | Permalink Friday, December 7, 2007 1:38 PM

I was in the class of 07. It isn't that hard to figure out who has applied for a supreme court clerkship, and once you know the names, it's similarly easy to check what level of honors they achieved.

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60 Posted by 11:27 | Permalink Friday, December 7, 2007 3:02 PM

9:10--

You may be missing people, then. I don't know who applied in my class ('05, not Chicago), and I know a lot of people who applied (some for the first time, some again) a year or two out. It's not uncommon for such people to get clerkships, either; most if not all of the Justices appear likely to have at least one clerk in the OT '08 class who graduated from law school before '07.

Also, don't underestimate the number of long-shots who apply (and usually get nowhere). I'd be stunned if there really are only 4 Chicago JDs who have submitted Supreme Court applications this year.

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61 Posted by 9:10 | Permalink Friday, December 7, 2007 3:22 PM

11:27, I may be missing people who graduated in prior classes and reapplied, that's a good point. And it's true there may be longshots who applied that I am overlooking. So let me modify my point. Of the people in the 07 class who got high honors or above (7 or 8 people, I forget) only 2 applied. Honors isn't the sole determination of an applicant's talents, but I think this is a pretty good indication that Chicago didn't submit all of its strongest applicants, for whatever reason.

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62 Posted by guest | Permalink Friday, December 7, 2007 3:25 PM

Keller is a really nice guy.

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63 Posted by guest | Permalink Friday, December 7, 2007 3:31 PM

Keller is a really nice guy.

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64 Posted by guest | Permalink Friday, December 7, 2007 3:41 PM

keller was picked up by the pistons in the draft in '99. never played but was a heck of a good shooting guard.

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65 Posted by guest | Permalink Friday, December 7, 2007 3:43 PM

keller was picked up by the pistons in the draft in '99. never played but was a heck of a good shooting guard.

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66 Posted by 11:27 | Permalink Friday, December 7, 2007 4:39 PM

9:10--

Thanks for the clarification, and that's interesting info--I didn't realize Chicago had such a small number of graduates with high honors.

(At my law school, there are usually 1-2 summas and pots of magnas, and it's often a little hard for an outside observer to tell who was the 3rd-in-class magna with a fighting chance at a SCOTUS clerkship and the 40th-in-class magna with no prayer.)

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67 Posted by corleone | Permalink Friday, December 7, 2007 10:03 PM

Hopefully Souter will retire.

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68 Posted by guest | Permalink Tuesday, December 11, 2007 2:11 PM

I think the low number of Chicago applicants this time around is a self-selecting response to the fact that the class of 2006 didn't do that great in SCOTUS clerkship hiring. (That's the word on the proverbial street, anyhow.)

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69 Posted by guest | Permalink Wednesday, December 12, 2007 5:36 PM

This thread is long dead, but Roberts has finished hiring.

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