Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882.[1] Each justice is permitted to have between three and four law clerks per Court term. The chief justice is allowed to have five law clerks per Term, but no chief justice has ever done so regularly. Most persons serving in this capacity are recent law school graduates (and typically graduated at the top of their class).[2] Among their many functions, clerks do legal research that assists justices in deciding what cases to accept and what questions to ask during oral arguments, prepare memoranda, and draft orders and opinions.[3] After retiring from the Court, a justice may continue to employ a law clerk, who may be assigned to provide additional assistance to an active justice or may assist the retired justice when sitting by designation with a lower court.
