Noah Feldman, Columnist

The Rise of an Elite Judicial Fraternity

The trend of former Supreme Court clerks becoming justices is new. But conservative groups are betting it will continue.

That’s a long line of clerks.

Photographer: Mark Wilson/Getty Images

With the confirmation of Justice Brett Kavanaugh, a majority of U.S. Supreme Court justices have previously served as law clerks to other justices before them — an unprecedented situation on the court. The remarkable and perhaps unjustified rise of this elite-within-an-elite is worthy of discussion in its own right. But it also gives some context to last week’s revelation that the Heritage Foundation had planned a secretive boot camp for conservative law clerks about to start their jobs in the federal courts.

It’s not just that the conservative think tank wanted to provide some counterweight to the comparatively liberal law school curriculum. Heritage was aiming to get a head start in its efforts to influence future judges.