In the United States, feeder judges are prominent judges in the American federal judiciary whose law clerks are frequently selected to become law clerks for the justices of the U.S. Supreme Court. Feeder judges are able to place comparatively many of their clerks on the Supreme Court for a variety of reasons, including personal or ideological relationships with particular justices, prestigious and respected positions in the judiciary, and reputations for attracting and training high-quality clerks. Supreme Court clerkships are highly prized and the most difficult to secure in the American clerking landscape—they have been called the "brass ring of law clerk fame" and the "ultimate achievement." Feeder clerkships are, consequently, similarly prized as stepping stones to a potential clerkship with the Supreme Court.
History
Justices in the early history of the United States Supreme Court hired law clerks straight from law school based on personal recommendations. But over time, applicants to Supreme Court clerk posts began to more often have prior experience, and between 1962 and 2002, 98 percent of Supreme Court clerks had clerked before. As the court began to draw more frequently from prior clerks, particular lower-court judges naturally had more consistent success placing their clerks with the Supreme Court. This phenomenon probably began with Judge Learned Hand, and had been established by the time of Chief Justice Warren Burger in 1969, although data before his tenure is unreliable. Although the phenomenon had thus existed for quite some time, the first published uses of the phrase were in a 1990 article by Judge Patricia Wald and a 1991 article by Judge Alex Kozinski, both feeder judges themselves.
Statistical analysis comparing the feeders of the 1976-1985 and 1995-2004 terms suggests the reliance on feeders has remained consistent since the Burger era, or at most has seen modest growth. However, the feeder system has become more concentrated as more judges are feeding to specific justices than in the past.
Judges During the 1969 to 1986 tenure of Chief Justice Warren E. Burger, 85 percent of Supreme Court clerks had previously served on a court of appeals and 12 percent on a district court. For the 1986–2005 William Rehnquist court, these numbers had respectively risen to 92 percent and dropped to 7 percent. Although most feeder judges are therefore court of appeals judges, some district court judges are feeders. Judges Louis H. Pollak and Pierre N. Leval were historically feeders while on the district court, and district Judge Jed S. Rakoff is essentially a feeder since he co-hires clerks with appellate feeder Judge Robert Katzmann.
Various factors affect which judges become feeders. Ideological alignment with justices is usually an important factor, and conservative feeder judges place more clerks with conservative justices and vice versa. In fact, feeder judges are notorious for being on the extremes of the judicial spectrum, with comparatively few ideologically moderate feeder judges.
For some, the reputation as a feeder judge is a draw. "It's a little bit of a prestige matter," Kozinski has remarked., quoted in Baum, pp. 27-28 (2010) Being regarded as a feeder can be a way to stand out among the ranks of courts of appeals judges. Indeed, many feeder judges cherish this status so much they modulate their own clerkship hiring based on an applicant's compatibility with the justices, and pass over promising clerks because they are doubtful of the applicant's chances of securing a Supreme Court clerkship."There are some judges who like to position themselves as feeders to the Supreme Court, since that's one way that a judge can make a reputation for him or herself," said Joan Larsen, a faculty clerkship adviser at the University of Michigan Law School. "I have had a feeder judge say to me, 'Yes, Joan, I'm sure he would be a great clerk, but I can't send him upstairs.'" Additionally, because feeder clerkships are themselves so highly desired, the judges benefit by being able to hire some the most talented of the clerkship applicant pool in a given year.
Some judges have an edge placing clerks with justices for whom they themselves were once clerks. Judge Michael Luttig, for example, clerked for Justice Antonin Scalia while Scalia was on the D.C. Circuit, and Luttig placed three-quarters of his clerks with Scalia or Justice Clarence Thomas. Kozinski clerked for Justice Anthony Kennedy, and of the 15 clerks he placed on the court between 1995 and 2004, eight were with Kennedy. Beyond connections to particular justices, the D.C. Circuit is regarded a feeder circuit to the entire court, due partially to the simple fact that justices live, work and socialize with those judges in Washington, D.C. as well as being a prestigious circuit in its own right.
Feeder judges +Modern feeder judges (OT 2009–present)JudgeCourtNo. of clerks Sixth Circuit 17 Fourth Circuit 14 Ninth Circuit 11 Eleventh Circuit 11 Sixth Circuit 10 Ninth Circuit 10 D.C. Circuit 8 D.C. Circuit 7 D.C. Circuit 6 Second Circuit 6 Ninth Circuit 6 Seventh Circuit 5 D.C. Circuit 5 Third Circuit 5 Feeder judges from OT 2009 through OT 2013Information from OT 2009–OT 2013 from David Stras. "Secret Agents: Using Law Clerks Effectively". 98 Marquette Law Review 151: 155–157 (Fall 2014), which relied on reports from Above the Law.JudgeCourtNo. of clerksNo. per year of serviceNotes as of 2023 D.C. Circuit 16 3.2 Appointed to the Supreme Court by Donald Trump in 2018 Fourth Circuit 16 3.2 D.C. Circuit 16 3.2Was nominated unsuccessfully to the Supreme Court by Barack Obama but the Republican Senate refused to consider it.Appointed United States Attorney General in 2021. Sixth Circuit 10 2 Ninth Circuit 9 1.8Resigned from the Ninth Circuit in December 2017 due to allegations of sexual misconduct by fifteen women. Second Circuit 9 1.8Assumed senior status on January 21, 2021, and died on June 9, 2021 D.C. Circuit 8 1.6Assumed senior status on May 16, 2022 Ninth Circuit 7 1.4Assumed senior status on December 31, 2016 D.C. Circuit 7 1.4 Retired on September 1, 2020. D.C. Circuit 6 1.2Assumed senior status on October 14, 2011 Tenth Circuit 6 1.2Appointed to the Supreme Court by Donald Trump in 2017 Ninth Circuit 6 1.2Died on March 29, 2018 Ninth Circuit 6 1.2Assumed senior status on January 24, 2022
Feeder judges from 1962–2002 Judge Court No. of clerks No. per year of service Notes as of 2015 D.C. Circuit 31 1.15 Retired in 1981 Fourth Circuit 30 2.73 Retired in 2006. D.C. Circuit 30 1.76 Assumed senior status November 1, 2000. D.C. Circuit 28 1.27 Assumed senior status on November 3, 2005 Ninth Circuit 27 1.59 Resigned from the Ninth Circuit in December 2017 due to allegations of sexual misconduct by fifteen women. Second Circuit 26 0.84 Died in 2007 D.C. Circuit 24 1.5 Retired in 1994 D.C. Circuit 21 1.31 Assumed senior status in September 2001 Fourth Circuit 20 1.11 Active feeder judge D.C. Circuit 19 0.90 Retired in 1999 Second Circuit 17 2.13 Assumed senior status July 21, 2009. Ninth Circuit 16 0.89 Retired in 1997 D.C. Circuit 15 1.07 Appointed to the Supreme Court by Bill Clinton in 1993 D.C. Circuit 15 0.60 Died in 1987 D.C. Circuit 14 1.75 Active feeder judge Seventh Circuit 14 0.67 Retired in 2017 Eastern District of Pennsylvania 14 0.58 Retired in 1991 Second Circuit 14 0.56 Assumed senior status in 2002 First Circuit 13 1.3 Assumed senior status on June 1, 2013 D.C. Circuit 13 0.81 Retired in 1985 D.C. Circuit 13 0.81 Assumed senior status on October 14, 2011 First Circuit 12 0.80 Appointed to the Supreme Court by Bill Clinton in 1994. D.C. Circuit 9 1.29 Retired in 1988 D.C. Circuit 9 0.60 Assumed senior status on February 12, 2013
See also Lists of law clerks of the Supreme Court of the United States
References
External links Above the Law articles about feeder judges