Neil Gorsuch hasn’t even been a Supreme Court Justice for a full month now and already he is setting fires everywhere.
Today the young justice reignited the fire of liberty and broke 40 years of precedent when he REFUSED to join the SCOTUS “cert pool.”
So how big is this “cert pool”? Well, according to the Dialy Caller, the cert pool was established in 1973 during the early days of the Burger Court, in order to efficiently review the near 8,000 petitions received each term. In practice, the petitions are apportioned among the Court’s law clerks, who then circulate a memo to the justices recommending a grant or denial.
The obvious issue here is that this gives the power in these 8000 cases to the law clerks instead of the Justices. It additionally, in theory, allows 3rd parties to unfairly influence a case through the clerks.
That is not how the Supreme Court was designed to operate.
So, to sum it up for ya, Neil Gorsuch just managed to set his foot down in the Supreme Court and say it is not okay to pass off judgments to the discretion of legal clerks.