How to land a Supreme Court clerkship, according to clerks for Justices John Roberts, Ruth Bader Gin

Publish date: 2024-06-18

Updated 2022-06-27T18:12:45Z

The Supreme Court is influential and getting clerkship is hard.
Five former clerks share what it takes to land a coveted clerkship with a Surpeme Court justice.
They suggest attending clinics, prepping thoroughly for interviews, and previous clerk experience.
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In every profession there's a job that everyone covets but hardly anyone ever gets. In the legal world, it's a clerkship on the United States Supreme Court, the highest court in the land.

The Supreme Court's decision on Friday, June 24, to overturn Roe vs. Wade was controversial, sparking celebrations and protests across the country. Beyond the politics, however, it served as just the latest reminder of how powerful and influential is the court with 9 lifetime justices who have final say over all the other courts and legal decisions across the country.

That's just one reason why ambitious legal professionals are often keen to snag a job clerking for a Supreme Court justice. Another reason is that the experience can really pay off in the form of new career opportunities.

Getting there, of course, is tough. Usually only 36 clerks are picked every term — four for each of the nine justices.

"You're sitting at the elbow of real titans of the law, and you get to see how they formulate the arguments, the way they choose words, the way they think," said Parker Rider-Longmaid, an associate at Skadden who clerked for Justice Ruth Bader Ginsburg.

Those who make it, however, also stand to be rewarded professionally. Law firms have offered $400,000 in signing bonuses to burnish their image with Supreme Court clerks. Some expect bonuses for former clerks to hit $450,000 this year.

Insider spoke with five former clerks for Justices Ruth Bader Ginsburg, Anthony Kennedy, Antonin Scalia, and Chief Justice John Roberts about what it takes to land a clerkship on America's highest court.

What it means to be a SCOTUS clerk

The Supreme Court hears just 100 to 150 cases each term. One of the main responsibilities of clerks is to review and help winnow down the more than 7,000 appellate cases the justices receive. It's a job that takes communication skills, a deep understanding of legal principles, and the ability to synthesize large amounts of information.

Clerks are also heavily involved in preparations for hearings and drafting opinions.

"You write up a bench memo for your justice, explaining how you think the case is going to come out. Then you have a long back-and-forth substantive discussion before the argument," said Samir Deger-Sen, an associate at Latham & Watkins who clerked for Justice Anthony Kennedy. "After the argument, you work with the justice to draft the opinions."

Clerks can also help justices understand the real-world effects of their rulings, which underscores the need for diversity in clerkships.

"Having people who have a greater range of lived experiences really helps the justices understand the importance and the significance of the cases," Deger-Sen said.

Clinics and clerkships can make your résumé stand out

Certain experiences during and after law school can act as useful stepping stones to a Supreme Court clerkship.

Some law schools offer Supreme Court clinics, which former clerks said gave them a head start in developing the skills and vocabulary of a clerk.

"I wouldn't say that it's a prerequisite ... but for me it was helpful to be able to hit the ground running a little bit faster," said Harker Rhodes, a partner at Kirkland & Ellis and former clerk to Justice Kennedy.

Julie Siegal, another Kirkland partner who clerked for Chief Justice John Roberts, spent a year collaborating on a law-review article with a professor in Northwestern University's senior research program. She said it gave her "unparalleled" experience learning how to advocate for her ideas and talk through legal problems. Siegal ultimately submitted the article as part of her application to the Supreme Court.

The prestigious Bristow Fellowship, where fellows work in the Office of the Solicitor General to help prepare cases presented before the Supreme Court, is another stepping stone to a high court clerkship.

Above all, aspiring Supreme Court clerks should have prior clerkship experience, ideally on an appellate court.

On top of serving as mentors, appellate judges often have close relationships with Supreme Court justices and can serve as great references and advocates on candidates' behalf.

There's no need to tailor applications to each justice, though timing varies

It's long been tradition for clerk candidates to apply to all nine justices. "The justices pick the clerks, not the other way around," said Shay Dvoretzky, a partner at Skadden who clerked for Justice Antonin Scalia.

The justices hire on slightly different timelines. Siegal said she applied nearly two years before her term and was hired more than a year before of her clerkship with Chief Justice Roberts. Rhodes applied a few months before receiving invitations to interview for the term starting that fall.

Candidates typically submit straightforward cover letters, with no substantial tweaks for each of the justices beyond their name, unless a professor or judge they previously clerked for had a connection to the particular justice.

Rhodes said some applicants applied for SCOTUS clerkships twice, and he cautioned that it may not be worth trying a third time if you don't get it by the second time around. "Talk to your recommenders about whether it makes sense," Rhodes said.

Prepare for the interview by studying the court's recent cases

The most important — and stressful — part of the application process for many is the interview. Each justice has their own style of interviewing: Some grill candidates, Socrates style, on doctrinal questions, while others are simply more interested in getting to know a candidate's background. Current clerks also typically conduct a separate interview with candidates. Either way, practice is key.

"I spent two to three full days doing nothing but preparing for the interviews I had," Rhodes said. "I practiced answers in front of the mirror and wrote up outlines of cases I thought would be interesting to talk about."

Professors and appellate judges can also help set up moots with former clerks, Rider-Longmaid, Justice Ginsburg's former clerk, told Insider.

Questions that clerkship candidates have consistently been asked include:

What is an area of the law that interests you?
What is an interesting case you worked on during your appellate clerkship?
What is a decision from the Supreme Court or the justice last year that you disagree with?

Ensuring you can speak fluently about the legal reasoning behind that last question is critical, since the justices and their current clerks will probably press harder given their own work and familiarity with the case.

Rhodes said, "There's almost a sense of friendly competition."

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