See id. 6. Chief Justice Rehnquist refused to join part 11 of Justice Thomas's opinion, which suggested that Griffin should be overruled. See id. at 570 (Rehnquist, C.J., dissenting). 7. Justice Thomas wrote: "If this case squarely presented the question, I would be inclined to vote to overrule Griffin and its progeny." Id. at 575 (Thomas, J., dissenting). 8. Id. at 577 (citations omitted). Justice Thomas envisaged fee waivers for indigent civil litigants embroiled in paternity suits, custody fights, divorce decrees, zoning ordinance challenges, and foreclosure actions. See id. at 576-77. "In brushing aside the distinction between criminal and civil cases-the distinction that has constrained Griffin for forty years-the Court has eliminated the last meaningful limit on the free-floating right to appellate assistance," Justice Thomas wrote. "I have no confidence that the majority's assurances that the line starts and ends with this case will hold true." Id. at 577-78. 9. For the most complete transcript of Gibson's state habeas hearing, see Ann Woolner, Why Can't the Condemned Die Without a Fuss?,
During his Supreme Court nomination hearings, John Roberts idealized and mythologized the first judge he clerked for, Second Circuit Judge Henry Friendly, as the sophisticated judge-as-umpire. Thus far on the Court, Roberts has found it difficult to live up to his Friendly ideal, particularly in several high-profile cases. This Article addresses the influence of Friendly on Roberts and judges on law clerks by examining the roots of Roberts's distinguished yet unrecognized lineage of former clerks: Louis Brandeis 's clerkship with Horace Gray, Friendly's clerkship with Brandeis, and Roberts's clerkships with Friendly and Rehnquist. Labeling this lineage a judicial genealogy, this Article reorients clerkship scholarship away from clerks' influences on judges to judges' influences on clerks. It also shows how Brandeis, Friendly, and Roberts were influenced by their clerkship experiences and how they idealized their judges. By laying the clerkship experiences and career paths of Brandeis, Friendly, and Roberts side-byside in detailed primary source accounts, this Article argues that judicial influence on clerks is more professional than ideological and that the idealization ofjudges and emergence of clerks hips as must-have credentials contribute to a culture ofjudicial supremacy.
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