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OrinKerr's profile
Orin Kerr
Orin Kerr
Orin Kerr
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@OrinKerr

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Orin KerrVerified account

@OrinKerr

Law professor at Cal @BerkeleyLaw. https://www.law.berkeley.edu/our-faculty/faculty-profiles/orin-kerr/ …

Berkeley, California
OrinKerr.com
Joined March 2013

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    Orin Kerr‏Verified account @OrinKerr 10 Jan 2020

    I know this is a political flashpoint, but taking a step back, I'm not sure I see what is new here. My recollection from when I was in law school, 25 years ago, is that selecting judges to apply to based on perceived agreement w/their views was common.https://www.bostonglobe.com/metro/2020/01/09/harvard-law-reluctance-apply-for-clerkships-with-trump-appointed-judges/u2RmmlzsDEKrcwKUy6V6EK/story.html …

    9:57 AM - 10 Jan 2020
    • 11 Retweets
    • 68 Likes
    • Amy Frieder Old house and boat guy. Kristine Rudolph Roy Andrew Kloster Priya Sundareshan Casey Green #IStandWithRefugees Keen Observer
    19 replies 11 retweets 68 likes
      1. New conversation
      2. Orin Kerr‏Verified account @OrinKerr 10 Jan 2020

        By way of example, I remember it was considered noteworthy that law clerks to the Supreme Court as a courtesy generally applied to all 9 Justices, even though it was understood that the apps to Justices on the other side were really just a courtesy. /2

        3 replies 1 retweet 19 likes
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      3. Orin Kerr‏Verified account @OrinKerr 10 Jan 2020

        It was considered noteworthy b/c it didn't happen that way below. At the ct of appeals level, students who were particularly liberal only applied to liberal judges, and students who were particularly conservative only applied to conservative judges. /3

        3 replies 2 retweets 12 likes
        Show this thread
      4. Orin Kerr‏Verified account @OrinKerr 10 Jan 2020

        The story suggests that HLS students used to be purely careerist, and now are taking a bold stand by not applying to some judges. But this seems like students just starting to do what at least used to be the norm and wasn't thought newsworthy. /end

        3 replies 3 retweets 21 likes
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      5. End of conversation
      1. Adam Chilton‏ @adamschilton 10 Jan 2020
        Replying to @OrinKerr

        Agreed, nothing new here. The data is pretty clear that there is ideological sorting in clerkship hiring. https://academic.oup.com/aler/article/19/1/96/2669337 …. Nothing weird about people not applying to work for people they don’t agree with and that won’t hire them anyway.

        0 replies 1 retweet 6 likes
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      1. New conversation
      2. Listo Lyman ( Dude/Duder/El Duderino)‏ @listolyman 10 Jan 2020
        Replying to @OrinKerr

        Serious q. Does this imply that federal judges are unelected, unaccountable politicians after putting on their robes? Or is this less about the law and more about the social/relational part of clerking?

        3 replies 0 retweets 1 like
      3. Brian King‏ @KingOrleans 10 Jan 2020
        Replying to @listolyman @OrinKerr

        Sometimes too, ambitious students who might want to be judges or party figures one day, want to start out with a judge from the party they are aligned with. "Alito clerk" is not the calling card you want when applying to WH Counsel under a Dem president

        2 replies 0 retweets 2 likes
      4. End of conversation
      1. Chad Oldfather‏ @oldfatherc 10 Jan 2020
        Replying to @OrinKerr

        My early ‘90s recollection is that it was true only for the more high-profile circuit court judges, and pretty much not at all for district court judges. I applied to and interviewed with both R and D appointees, and didn’t perceive politics to be doing much work in the process.

        1 reply 0 retweets 2 likes
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      1. New conversation
      2. Luke Bradley‏ @lucasdrayton 10 Jan 2020
        Replying to @OrinKerr

        Not a ton of Fedsoc apps to Judge Reinhardt, I’m guessing

        2 replies 0 retweets 3 likes
      3. Saad Gul‏ @NC_CyberLaw 10 Jan 2020
        Replying to @lucasdrayton @OrinKerr

        “It depends.” I didn’t. But some did. The only judge Id declines to clerk for would be a bonafide communist or Nazi. No moral wriggle roompic.twitter.com/d7SVRoT86W

        1 reply 0 retweets 4 likes
      4. Show replies
      1. New conversation
      2. Nancy Leong‏Verified account @nancyleong 10 Jan 2020
        Replying to @OrinKerr

        With all the usual caveats re generalizing from personal experience, when I applied for clerkships in 2005 I recall getting some gentle steering from the relevant office at SLS, along the lines of "X would be a good [political] fit" or "Y doesn't care about your politics."

        1 reply 0 retweets 1 like
      3. Nancy Leong‏Verified account @nancyleong 10 Jan 2020
        Replying to @nancyleong @OrinKerr

        So I wonder whether as you say the students are basically behaving the same way as ever, and the attention is because the clerkship office is (perceived to be?) behaving somewhat differently. Obviously, though, it was a different school and 15 years ago....

        2 replies 0 retweets 3 likes
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