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What Supreme Court justice started the practice of hiring a law clerk?

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Justice Horace Gray instituted the practice of law clerks in 1882 when he joined the Court. When he was a member of the Supreme Judicial Court of Massachusetts, Gray had started the practice there as well, hiring future Supreme Court justice Louis Brandeis. Gray paid for the clerk out of his own pocket. The practice became formalized when Congress passed a 1922 law that allowed each justice to hire one law clerk for a salary of $3,600.

Supreme Court Clerks-Turned-Justices

Several U.S. Supreme Court justices were former U.S. Supreme Court law clerks: Justice Byron White clerked for Chief Justice Fred Vinson in 1946–47; Chief Justice William Rehnquist clerked for Justice Robert Jackson in 1951–52; Justice John Paul Stevens clerked for Justice Wiley Rutledge in 1947–48; Justice Stephen G. Breyer clerked for Justice Arthur Goldberg in 1964–65; and Chief Justice John Roberts clerked for then-Justice Rehnquist in 1980–81.

The Handy Supreme Court Answer Book

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