The swamp continues to drain, and this time with the help of Justice Neil Gorsuch.
It didn’t take long for Justice Gorscuh to get busy. In less than a month, the young justice broke with 40 years of business when he flat-out refused to join the SCOTUS “cert pool.”
What is this ‘cert pool’ that Justice Gorsuch refused?
In 1973, during the early days of the Burger Court, the cert pool was established in 1973 in order to efficiently review the near 8,000 petitions received each term. In practice, the Court’s law clerks appoint these petitions. Then they circulate a memo to the justices recommending a grant or denial.
Big deal, right? Well, this process gives the power in these 8,000 cases to the law clerks instead of the Justices.
The Supreme Court shouldn’t behave like this. And that is precisely why Justice Gorsuch firmly refused to join. Because it is “not” okay to pass off judgments to the discretion of legal clerks. This keeps our Constitution at the forefront and reduces drastically the possibility of fraud or abuse.
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