How Merrick Garland Landed a Supreme Court Clerkship With Brennan
Warm letters between the late Justice Brennan and Merrick Garland were among a section of Brennan's papers at the Library of Congress that were closed to the public until last year, the 20th anniversary of his death.
March 26, 2018 at 03:15 PM
4 minute read
The original version of this story was published on National Law Journal
Chief Judge Merrick Garland, of the U.S. Court of Appeals for the District of Columbia Circuit. Credit: Diego M. Radzinschi / NLJ
If the young Merrick Garland had not edited a law review article written by the late U.S. Supreme Court Justice William Brennan Jr. in 1977, he might not have clerked for Brennan and might have pursued a different path than the one that led him to be an appellate judge and Supreme Court nominee.
“Editing your article was enjoyable and exciting, and I would look forward to the prospect of clerking for an even more rewarding experience,” Garland wrote in a May 1977 application letter to Brennan, the liberal justice who died in 1997. The article was on the subject of state constitutions and the protection of individual rights. Garland, then at Harvard Law School, was articles editor for the law review.
Brennan wrote back swiftly, telling Garland, “I am delighted to have your application … Frankly, I was hoping you would apply. I am more than happy to offer you a clerkship with me for the 1978 term after you have successfully completed your clerkship with Judge [Henry] Friendly.” There was no indication Brennan wanted or needed to interview Garland as part of the hiring process.
The warm letters were among a section of Brennan's papers at the Library of Congress that were closed to the public until last year, the 20th anniversary of his death.
In April 2016, when Garland—now chief judge of the U.S. Court of Appeals for the D.C. Circuit—was a nominee for a seat on the U.S. Supreme Court, journalists tried to unearth his correspondence with Brennan.
But Brennan's executors declared the file off limits because of the 20th anniversary requirement. As mentioned last week in Supreme Court Brief, the anniversary came and went last July apparently without anyone mining the papers for information until recently. The Republican-led Senate did not act on Garland's nomination, which expired January 3, 2017, with the end of the 114th Congress.
The Garland file also includes Brennan's 1995 letter to President Bill Clinton urging him to consider Garland as a nominee to the D.C. Circuit. That letter, which was made public by the Clinton Presidential Library when Garland was still a Supreme Court nominee in 2016, praised Garland as “a person of exceptional talent and great personal integrity.” Brennan also wrote, “Ordinarily I would not inject myself into the judicial nomination process, but Merrick is a special case.”
After Garland's clerkship ended in 1979, Brennan also wrote letters of recommendation to then-deputy attorney general Benjamin Civiletti and the vice president's counsel Michael Berman. From 1979 to 1981, Garland served as a special assistant to the attorney general.
The file also contains the resume Garland submitted to Brennan, including his grades at Harvard Law School from 1974 to 1977. He received A+ grades for Constitutional Law, Federal Courts and Advanced Antitrust, an A in Criminal Law, and an A- in Civil Procedure. His lowest grade was a B in Due Process.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAm Law 100 Partners on Trump’s Short List to Replace Gensler as SEC Chair
4 minute readTrending Stories
- 1Decision of the Day: Administrative Court Finds Prevailing Wage Law Applies to Workers Who Cleaned NYC Subways During Pandemic
- 2Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 3Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 4'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 5Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250