The blog of the Legal Times and the New York Times report that Justice Alito has opted out of the cert. pool. That's the way that petitions for certiorari are deliberated on. The law clerks for the justices in the pool divide the petitions, read only those assigned to them and write a memo with a recommendation. So each cert petition gets a single memo from the pool. The justices often (although not always) make determinations based on that single memo. Justice Stevens was the only justice not in the pool. His clerks went through all of the petitions and offered their own memos to him.
So what does this mean? Well, some efficiency may be lost, and it could translate into a more shallow evaluation of cert petitions by those clerks not in the pool. They have a lot more to read and consider. At the same time, this may provide an important check on the homogeneizing trend of the cert pool.
It also might signal something important about a transition, as we look to a new administration. Although a Republican appointee (Nixon appointed him to the 7th circuit in 1970 and Ford appointed him to the Supreme Court in 1975) Justice Stevens may be, at least on some issues, the most liberal justice on the court. He also took his position as the only justice not in the cert pool very seriously. That Alito has opted out may relate to what Justice Stevens' colleauges are ensuring will remain after he is no longer on the court, regardless of who might replace him.
Of course, he might not be gearing up to retire. He's 88 now, but he won't be the oldest justice to serve on the court until early 2011. And he won't be the longest-serving justice in the history of the court until mid-2012.
If you've been in my employment law class (and maybe in any class), you've rolled your eyes at my frequent bashing of Wal-Mart. I'm at it again. I co-wrote an op-ed at Legal Times on Wal-Mart's use of mandatory meetings to influence the way its employees vote. Here's a pdf version, in case you're not registered and don't want to. Hart McCormick Secunda 9-8-08.pdf.
Here is a podcast covering the contractual limitations on the employment relationships. Feel free to pose questions or comments in the comments, on TWEN, or through e-mail. workpod2.mp3
Thanks!
Some of you may know that I post and comment on more blogs than just this one. In case you don't and you're interested, I'm a co-editor at Workplace Prof Blog and a writer for Examiner.com on workplace law issues. Don't feel like you have to read either one, and you won't find any hints about what's going to be on the final at either place, although one of my co-editors did happen to post on a topic that was a subject of one question on a final I was giving at the time, last year. Anyway, I mention this to invite anyone to feel free to send me information that you find interesting. I'll also be guest blogging this fall some time at Prawfsblawg, and I'm interested in lots of stuff, so don't feel limited to workplace issues.
Enjoy! And feel free to ask questions, provide feedback, or make requests in the comments, on TWEN, or through e-mail.
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