Law clerk reduction is a way for Congress to signal its disapproval of judicial imperialism while making imperial decisions harder to engage in.
Reducing the number of law clerks would instantly affect the court. The justices would notice right away if there were fewer law clerks in the certiorari pool, a device to process the thousands of appealed decisions. Or fewer clerks on hand to help write opinions. Social science research shows that law clerks wield detectable influence over practically every aspect of the justices’ decision making, from what cases they hear to the direction of their votes to the content of opinions they write.
This influence takes place even though law clerks face no congressional confirmation process. Congress increased the number of law clerks several times throughout the 20century. This was done at the request of the justices to counter rising workloads. The last increase came in 1975, when Congress authorized each associate justice to hire four law clerks and the chief an extra fifth. Later, the court was granted almost complete control over which cases it hears.
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