A Renewed Call for Diversity Among Supreme Court Clerks: How a Diverse Body of Clerks Can Aid the High Court as an Institution

Recently, public criticism has focused on the lack of diversity among Supreme Court clerks. Various explanations have been given for the relatively homogenous status of clerks, and proposals have been raised to remedy the situation. However, while scholars and critics have focused on the disadvantages to women and minorities who are shut out from the coveted role of Supreme Court clerk, little attention has been given to the potential beneat a diverse body of clerks could confer upon the institution itself. In this Note, I submit that a more balanced group of clerks would provide a great beneat—beyond the minorities themselves who would be granted the honor and professional network of serving our nation’s Highest Court, a valuable counterweight would be established against the Court’s largely majoritarian tendencies. Part I will examine the current and historical homogeneity of Supreme Court clerks as well as explanations for and criticism of this trend. Perhaps not surprisingly, the composition of clerks has, to a large extent, mirrored the composition of the Court itself. The predominance of white male clerks has led to wide criticism in both popular and scholarly media. Attempts to explain the trend have followed, along with potential remedial options. While often varying in approach, the scholarship in this area focuses largely on the disservice to women and minorities who are not given the opportunity to serve the Court. Former clerks advance to preeminent positions in government, at scholarly institutions, and in private practice, and the relative lack of women and minority clerks necessarily prevents them from receiving equal access to such lofty legal spoils. In order to set the stage for an examination of the advantages that a diverse body of clerks can confer upon the Court, Part II discusses the