A Brief Thought on Clerkships

Several acquaintances have recently stated that they wouldn't clerk for a certain Superhottie of the Federal Judiciary (TM) because s/he is too conservative.

And that may well be the case. But how often are the political leanings of your judge really going to make a difference? Beyond the fact that most stuff at the circuit level (and certainly in a trial court*) is procedural, even controversial cases often defy a linear left/right understanding (e.g. Melendez-Diaz).

Further to the point, let us suppose that your circuit judge does something that absolutely shocks your conscience. Well, it's safe to say that it will probably shock the collective conscience of either the liberal or conservative bloc on SCOTUS and will thus be granted certiorari on appeal. A quick survey of COA judges reveals that they generally write between 20-30 majority** opinions a year, of which under two percent are granted cert.

Accordingly, even if your judge is a real pain in the ass, the odds are this pain will not directly impact your ass over the course of a one year clerkship. You're better off casting a wide net and finding a judge with whom you're personally and professionally, if not politically, compatible.

*I've yet to see a Democratic or Republican 12(b)(6).

**We won't include the dissents, because if the judge makes you draft an infuriating dissent, your side still won.