Has the Salary Ovetime 5th Circuit Court Case Started Again

David Lat answers the questions we all want to know. At his excellent Substack site, David breaks downward which Excursion Judges and Circuit Courts take fed the most Supreme Courtroom clerks over the past five years. (If you lot haven't subscribed, you should).

There is a 3-style tie for first identify between Judges Sutton, Pryor, and Kavanaugh. Each has 13. It is impressive that Kavanaugh is still feeding clerks, since he left the D.C. Excursion nearly three years ago. Sutton and Pryor are giants. Columbus and Birmingham are not exactly the most desirable places for police force schoolhouse grads to clerk—I very much similar both cities—but these two jurists take built judicial fiefdoms in their backyards. Kudos to them.

There is a 2-way necktie for 2nd place between Judges Katzmann and Srinivasan. Each has 12. Approximate Katzmann passed abroad, so his totals will likely pass up in the future. At this betoken, Guess Srinivasan is the undisputed Democratic SCOTUS feeder. Information technology's non even close. Though with only iii Autonomous Justices, it will exist hard to keep upwardly these numbers. RBG's iv seats volition now be filled by ACB.

Gauge Griffith is in sixth place with 10. He retired from the D.C. Circuit, so his totals should driblet in time.

In that location is a four-mode necktie for seventh identify between Katsas, Thapar, Wilkinson, and Garland. Each has 9. Katsas'south numbers are really impressive, as he was only appointed to the Court in December 2017. If we assume Katsas has iv clerks per yr, he has had (roughly) 16 police clerks. More than half of them clerked on the Supreme Court. Wow! Judge Thapar's rank is also impressive. He was only elevated to the Excursion Courtroom in 2017, but many of his district court clerks went onto college office. Judge Wilkinson has been a approximate for nearly forty years. The fact that he onlyhas nine SCOTUS in the last five years suggests his impact is slipping. Then there is former-Judge Garland, who I've called the Susan Lucci of the Supreme Court. (The closest he'll become to Ane Offset Street will be when he argues a softball case equally AG). Garland only had nine clerks. Only then again, he gets to install his favorite clerks in superlative executive branch positions. Just this week, Biden nominated Garland clerks equally SG (Elizabeth Prelogar) and U.Southward. Chaser for SDNY (Damien Williams).

Finally, there is a four-way tie for eleventh place. Judges Kethledge, O'Scannlain, Rakoff, and Tatel. Each has 8. Gauge Tatel has taken senior condition, merely his influence should remain constant if he keeps a full complement of clerks. (Nosotros nonetheless do non have a nominee for his seat). District Gauge Rakoff often fed clerks to Katzmann. That pipeline is now gone. Judge O'Scannlain has been on senior status for nigh 5 years, but he is still feeding his off-white share to the Court. Approximate Kethledge, the other Kennedy clerk who could have filled the vacancy, rounds out the Sixth Circuit's potency.

David Lat likewise calculated how many SCOTUS clerks each circuit fed to the Supreme Court. I call up the virtually useful measure is "clerks per authorized judgeship."

The D.C. Circuit is far and ahead in the lead with almost vii clerks per each authorized judgeship. Kavanaugh, Srinivasan, Griffith, Garland, Katsas, and Tatel were all-stars. But 3 of those judges are now off the Court. Given the  difficult-left turn, it is unclear if the D.C. Circuit can maintain its supremacy. I don't know how many Millett and Pillard clerks will go hired by the new Roberts Court. Judges Rao and Walker tin make up some of that arrears.

The Second Circuit is in second place with 2 clerks per authorized judgeship. Alas, with Estimate Katzmann off the Court, is unclear who else can rise to that occasion. Perhaps Judges Park and Menashi.

The 6th Circuit is in third identify with ane.88 clerks per estimate. Very soon, the Sixth Circuit should overtake the Second Excursion. And in 5 years or and then, it may give the depleted D.C. Excursion a run for supremacy. Judges Sutton, Thapar, and Kethledge are in their prime number.

The Eleventh Circuit is in fourth identify with 1.75 clerks per judge. Judge Pryor is leading the pack past himself, though Judges Grant and Newsom may start to climb the ranks.

After 4th identify, the numbers drop off steeply. My, how the Ninth Circuit has fallen. Reinhardt is gone. Kozinski is gone. And the Obama nominees will take petty cachet with the conservative court. The 10th Excursion only fabricated the list because of and then-Estimate Gorsuch. Information technology should drop off soon. My habitation circuit, the Fifth, is really slacking. Thankfully, some of the new Trump appointees will move up the line: Ho, Willett, Oldham, Duncan, and others.

There are three circuits missing from this list altogether: the Start, Third, and 8 Circuits. I can't remember of any recent appointees to those courts that could alter the balance. Information technology'southward sad that SDNY and DDC produced more SCOTUS clerks than three courts of appeals. But there it is, we have a huge imbalance.

Thanks for David for running the numbers.

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Source: https://reason.com/volokh/2021/08/12/which-circuit-judges-and-circuit-courts-feed-the-most-scotus-clerks/