Saturday, March 20, 2010

The Supreme Court's "Legal Office"

(By Andrew MacKie-Mason)

An interesting factoid about the Supreme Court comes to us from the Blog of Legal Times. The Supreme Court, it seems, has a legal office.

While understandable (even great lawyers need their own independent lawyers) it does strike one as odd at first glance. Why does a collection of the nine highest legal authorities in the country need advice about what the law is? The office is so obscure it doesn't even apparently rank a page on the Supreme Court's website. The BLT describes its duties:
The Court's little-known legal office was created by then-Chief Justice Warren Burger in 1972 to assist with Court legal matters in a sort of "house counsel" capacity. The office advises on matters including contracts, legislation, and litigation directed at the Court -- such as by protesters arrested in front of the Court. The office also works on some motions and case preparation, and advises on personnel and ethics matters.
It's a reasonable position to have. The justices aren't (and shouldn't be) practicing lawyers. Especially in cases against the justices themselves, it's good to have separate counsel. Still, that's got to be an interesting job. Imagine holding that position: your job is to advise the Supreme Court on questions of law. How do you disagree with your boss, ever?

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