Professor Matthew Tokson · July 2020
88 Geo. Wash. L. Rev. Arguendo 48
My first weeks as a Supreme Court clerk were, in many ways, shocking. I was shocked to be sitting in Ruth Bader Ginsburg’s office, listening to her discuss the upcoming term. I was awestruck as I wandered the Court’s red- carpeted halls, taking in every detail, memorizing the locations of each chambers. Occasionally, one of the Justices would walk past and say a polite “hello.” It was surreal.
The work, however, was mostly what I had expected. The clerks reviewed petitions and drafted memos. Our work on granted cases was similar to that of an appeals court clerk. There was only one part of the job about which I had not been warned.
The Supreme Court is involved, directly or otherwise, with virtually every execution carried out in the United States. Most executions are appealed to the Court, and inmates commonly request a stay of execution a few days or hours before their scheduled death. The clerks review these requests and recommend a ruling.
A few days after I arrived at the Court, I got my first death penalty assignment. As the date drew near, the defendant appealed and asked the Court to stay his execution.
Professor Tokson’s Essay was written for the Clerks at 100 Symposium, hosted by the National Constitution Center and The George Washington Law Review on October 4, 2019.
