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a os U.S.News & World Report (continued) some outstanding felliws who have served) vas haw clerks, “H the judge is a man of strong mind and cunvietions, he wall lhe exercising. his own convictions in WHT opinions, However, the reverse can be true, “There is a well-founded belief among lawyers that some judges rely heavily an their cleths.* And. the clerks are in a position to direct the judges’ attention to certain views and conchisions that may show up in their opinions.” The opposite view. A few present and former law clerks willing to comment on their role in the work of the Supreme Court deny that, in their cases, they wielled any unorthodox influence over the Justices or participated in the writing of any opinians. They contend that, in their experience, the clerks have subordi- nate roles. One law clerk, who has just completed a year’s “apprenticeship” with the Court, has explained how a Justice and lis two clerks team up to review cases, conduct legal searches and write memoranda lead- ing to an opinion. “Generally,” this clerk says, “the clerks write memoranda that lay the proune- work for the opinion of the Justice in cases decided by the Court. Sometimes, their hoss takes a view contrary to those pre- sented by the clerks, and then they are told to continue their research and write more memoranda. It is a three-man propo- sition, with the two clerks work ing closely with the Justice in Preparing his opinion.” This clerk says he and his colleapnes vahte their opportunity highly, even though the work is hard. It was not tn- usual this past Court term, he reports, for the clerks to work six days and four or five nights a week in the Justice’s office, The biography, “Harlin Fiske Stone: Pillar of the Law,” by Alpheus Thomas Mason, gaublished by the Viking Press, sheds some light on the role of law clerks and the possibility that sometimes Justices employ “ghost) writers” in preparing opinions, , “Lam a good deal troubled.” the book quotes former Chief Justice Stone as saying ina note to another Justice, “hy the dlissenting opinion which Justice {Hugo L.] Black has just circulated in the Tudli- amntpolis Water Zompany case. He states a good deal which counsel did not take the trouble to present... . T see in Justice Black's dissent the handiwork of someone other than the nominal author.” A footnote to this Paragraph refers to “Washington rumor” that Thomas Cor- coran, a key figure in the New Deul Ad- ministration of President Franklin J). Roosevelt, was the “ghost.” Mr. Corcoran 48 BRIGHT YOUNG MEN BEHIND THE BENCH eather fad served as secretary to Justice Oliver Wendell Hotes, Mr. Muson alse writes in another fout- note in his book that “much credit for the Gerhardt opinion belongs to Stane’s law clerk, Louis Lusky, whose 32-page Memorindim sharpened the tenets of the Metcalf opinion. ©..." The author adds that Mr. Lusky wrote to him, in 1952: “Furthermore. DP have tthe doubt that Justice Stone very offen was ERCOLSCIOUS, al the time he set an idea on paper, that he had taken it fom someone else. He had made the idea his awn by adopting it, and it just didu't seem impertant to - USNEWE Phot ENTRANCE TO THE SUPREME COURT Inside, what part do the jaw clerks play? EAS P him that someone else had thought of it first.” The biography also states: “The first draft of the second and third paragraphs of this historic note {footnote 4 ta Justice Stone's opinion in. the case of United States vo Carolene Praducts Company} was written by Stone's law clerk, Louis i Lusky. Stone ‘adopted it) almost as i drafted,’ Lusky has recalled, ‘simply toniug #down a couple of overemphatic words.’ ” In a footnote to this paragraph, Mr. Mason says: “It was not unusual for Stone to allow his kiw clerks to use footnotes as. trial balloons for meritorious ideas. ‘IT have falwass been very proud of these con- ‘tributions,’ Lusky wrote. “They are my qcoutiibutions only in a limited sense. The ideas originated with me, but they he- came important only because the Justice adapted them as bis own. Tt would be a Breat mistake indeed to suppose that any law clerk ever got anythine inte the Jus- tice’s opinions which he dida’t want there himself. He could not be pushed or per- suaded aginst his own Judgient " A comment on security. luterest in Court and other U.S. courts also has been aroused by a section of the repurt isstiec! recently by the Commission on Government Security” Th discussing em- ployes of The judicial branch of Govern- ment, the report: said, in purt: “It is fundamental that there should be no reasonable doubt concerming the loyalty of any federal employe in any of the three branches of the Government. In the judicial branch, the possibilities of disloyal emptoves causing damage to the national security are ever present, As an example, federal judges, busy with the ever-crowded court cilendars, must tely upon assistants to prepare bricfing Papers for them. “False or biased information inadvert- ently reflected in court opinions fu cru- cial security, constitutional, governmen- tal or social issues of national importance could cause severe effects to the nation's sceurlly and to our federal loyalty-se- curity system generally.” One member of the Commission, a group of 12 prominent citizens appointed by President Eisenhower, objected to this section of the report. ames Po MeGranery, formerly a fed- era judge and Later Attorney General in ‘the Administrations of Preosdean Trumin, protested that “ho evidence was presented at Commission conferences” to indicate that any federal judge ever was thus im- posed) upon. 2,000 cases a term. It is opeuly ac- knowledged in Washington, however, that the Supreme Court Justices lean heavily on the shoulders of their young assistants, It is unlikely, say observers of the federal. court system, that the Justices could wade Unough the 1,500 to 2.000 cases that con- front (hem each term without the benefit of the spadework done tor them by their clerks, The question that is raised at this time, when the Supreme Cont is deplovingt its power in’ fields formerly controlled by other branches of the Government, is whether the influence of these young. daw clerks—some not yet admitted to the bar —is reflected in Court opinions, Congress explores routes to curbing High Court's powers, Page 50. U.S. NEWS & WORLD REPORT, July 12, 1957