A Justice Slows His Hiring, and Some Wonder About His Future

By ADAM LIPTAK

Published: September 2, 2009

WASHINGTON — A Supreme Court clerkship is a glittering prize and the ultimate credential in American law, one coveted by the top graduates of the best law schools. Until recently, though, only connoisseurs of ambition and status followed the justices’ hiring process closely.

It turns out those hiring decisions may be a sort of early warning system for hints about the justices’ retirement plans. “We’ve started tracking Supreme Court hiring in real time,” said David Lat, the founder of Above the Law, a legal blog.

Justice David H. Souter’s failure to hire clerks this spring accurately signaled his decision to step down. On Wednesday, the court confirmed that Justice John Paul Stevens, who is 89, has hired only one clerk, instead of the usual four, for the term starting in October 2010. That ignited speculation that Justice Stevens may be planning to step down next summer.

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