NYT: Kavanaugh Makes SCOTUS History With Clerk Appointments

Brett Kavanaugh hit the ground running this weekend after the Senate finally confirmed him to the Supreme Court. He immediately took the oath of office in a private ceremony to complete the appointment, although the White House will hold a ceremonial swearing-in later this evening as well. Justice Kavanaugh showed up yesterday in chambers, scoring a historic first with his choice of clerks, as the New York Times’ Adam Liptak reported:

A day after the bitter fight over his nomination ended in his elevation to the Supreme Court, Justice Brett M. Kavanaugh was in his new chambers on Sunday, preparing for the arguments the court is to hear as it enters the second week of its term. …
Justice Kavanaugh met with his four law clerks, all women — a first for the Supreme Court — in chambers that had until recently been occupied by Justice Samuel A. Alito Jr., who has moved to Justice Anthony M. Kennedy’s old chambers. …
Justice Kavanaugh said in his testimony last month that he had started to take action to address the underrepresentation of women among law clerks after reading a 2006 article in The New York Times noting that only seven of 37 Supreme Court clerks were women.
“A majority of my 48 law clerks over the last 12 years have been women,” he told the Senate Judiciary Committee. “In my time on the bench, no federal judge — not a single one in the country — has sent more women law clerks to clerk on the Supreme Court than I have.”

Indeed, as Liptak notes, he can expect to see some familiar faces:

This term, six of his former clerks are working at the Supreme Court, double the number of any other appeals court judge. Four of them are women.

Kavanaugh had testified about this in his hearing in one of the more substantive moments in a ridiculous circus, a moment that had been mainly forgotten until yesterday. Only one of the four women clerked for Kavanaugh in the past — Kim Jackson, Yale Law 2017, who is also African-American. That point caused Jonathan Adler to quip that Kavanaugh has already caught up to Notorious RBG:

This term, Justice Brett Kavanaugh has already hired as many African-American law clerks as Justice Ruth Bader Ginsburg has in her entire 25-year tenure. https://t.co/0xOQ9tmTGI
— Jonathan H. Adler (@jadler1969) October 7, 2018

National Law Journal’s Marcia Coyle briefly profiles all four women at National Law Journal. Sara Nommensen (Harvard Law 2016) is a former student of Kavanaugh’s who also signed a letter of support for him during his confirmation inquisition. Shannon Grammel (Stanford Law 2017) clerked for conservative jurist J. Harvie Wilkinson on the Fourth Circuit, who is also known for sending clerks to the Supreme Court. The choice of Megan Lacy (University of Virginia School of Law 2010) is more notable for her previous work as counsel for Senate Judiciary chair Chuck Grassley.

Coyle also points out that Kavanaugh has a long history of diverse selection of clerks, not just demographically but also ideologically:

On the D.C. Circuit, Kavanaugh hired 25 women and 23 men as law clerks. His four clerks from 2014 to 2015 were women, and 21 of the 25 he hired went on to U.S. Supreme Court clerkships. His 48 clerks represented diverse background and viewpoints.
With Kavanaugh’s elevation, law school graduates lose an opportunity for an appellate clerkship with one of the top “feeder judges” to the justices who are now his colleagues.
Kavanaugh sent 39 of his 48 clerks to the Supreme Court, including clerks serving justices in the current term. Although most of those clerks have gone to the conservative justices—with Chief Justice John Roberts Jr. hiring 13, the largest number—Kavanaugh sent two each to justices Sonia Sotomayor and Elena Kagan, and one to Stephen Breyer. No former Kavanaugh clerk has gone on to clerk for Justice Ruth Bader Ginsburg.

That should ease the transition somewhat this week for Kavanaugh, even though Elena Kagan appeared to go out of her way to make it awkward on Friday night. Eventually, however, the Supreme Court will get down to business. Kavanaugh’s getting a jump start on that process, and perhaps even getting ahead of them.

Is it not time for American citizens to review Justice Story's Commentaries on the Constitution. . . .?

Commentaries on the Constitution of the United States (1833) - by Joseph L. Story - BOOK 3, CHAPTER 45 - Concluding Remarks

Sec. 1903. We have now reviewed all the provisions of the original constitution of the United States, and all the amendments, which have been incorporated into it. And, here, the task originally proposed in these Commentaries is brought to a close. Many reflections naturally crowd upon the mind at such a moment; many grateful recollections of the past; and many anxious thoughts of the future. The past is secure. It is unalterable. The seal of eternity is upon it. The wisdom, which it has displayed, and the blessings, which it has bestowed, cannot be obscured; neither can they be debased by human folly, or human infirmity. The future is that, which may well awaken the most earnest solicitude, both for the virtue and the permanence of our republic. The fate of other republics, their rise, their progress, their decline, and their fall, are written but too legibly on the pages of history, if indeed they were not continually before us in the startling fragments of their ruins. They have perished; and perished by their own hands. Prosperity has enervated them, corruption has debased them, and a venal populace has consummated their destruction. Alternately the prey of military chieftains at home, and of ambitious invaders from abroad, they have been sometimes cheated out of their liberties by servile demagogues; sometimes betrayed into a surrender of them by false patriots; and sometimes they have willingly sold them for a price to the despot, who has bidden highest for his victims. They have disregarded the warning voice of their best statesmen; and have persecuted, and driven from office their truest friends. They have listened to the fawning sycophant, and the base calumniator of the wise and the good. They have reverenced power more in its high abuses and summary movements, than in its calm and constitutional energy, when it dispensed blessings with an unseen, but liberal hand. They have surrendered to faction, what belonged to the country. Patronage and party, the triumph of a leader, and the discontents of a day, have outweighed all solid principles and institutions of government. Such are the melancholy lessons of the past history of republics down to our own.
Sec. 1904. It is not my design to detain the reader by any elaborate reflections addressed to his judgment, either by way of admonition or of encouragement. But it may not be wholly without use to glance at one or two considerations, upon which our meditations cannot be too frequently indulged.
Sec. 1905. In the first place, it cannot escape our notice, how exceedingly difficult it is to settle the foundations of any government upon principles, which do not admit of controversy or question. The, very elements, out of which it is to be built, are susceptible of infinite modifications; and theory too often deludes us by the attractive simplicity of its plans, and imagination by the visionary perfection of its speculations. In theory, a government may promise the most perfect harmony of operations in all its various combinations. In practice, the whole machinery may be perpetually retarded, or thrown out of order by accidental maladjustments. In theory, a government may seem deficient in unity of design and symmetry of parts; and yet, in practice, it may work with astonishing accuracy and force for the general welfare. Whatever, then, has been found to work well in experience, should be rarely hazarded upon conjectural improvements. Time, and long and steady operation are indispensable to the perfection of all social institutions. To be of any value they must become cemented with the habits, the feelings, and the pursuits of the people. Every change discomposes for a while the whole arrangements of the system. What is safe is not always expedient; what is new is often pregnant with unforeseen evils, and imaginary good.
Sec. 1906. In the next place, the slightest attention to the history of the national constitution must satisfy every reflecting mind, how many difficulties attended its formation and adoption, from real or imaginary differences of interests, sectional feelings, and local institutions. It is an attempt to create a national sovereignty, and yet to preserve the state sovereignties; though it is impossible to assign definite boundaries in every case to the powers of each. The influence of the disturbing causes, which, more than once in the convention, were on the point of breaking up the Union, have since immeasurably increased in concentration and vigour. The very inequalities of a government, confessedly founded in a compromise, were then felt with a strong sensibility; and every new source of discontent, whether accidental or permanent, has since added increased activity to the painful sense of these inequalities. The North cannot but perceive, that it has yielded to the South a superiority of representatives, already amounting to twenty-five, beyond its due proportion; and the South imagines, that, with all this preponderance in representation, the other parts of the Union enjoy a more perfect protection of their interests, than her own. The West feels her growing power and weight in the Union; and the Atlantic states begin to learn, that the sceptre must one day depart from them. If, under these circumstances, the Union should once be broken up, it is impossible, that a new constitution should ever be formed, embracing the whole Territory. We shall be divided into several nations or confederacies, rivals in power and interest, too proud to brook injury, and too close to make retaliation distant or ineffectual. Our very animosities will, like those of all other kindred nations, become more deadly, because our lineage, laws, and language are the same. Let the history of the Grecian and Italian republics warn us of our dangers. The national constitution is our last, and our only security. United we stand; divided we fall.
Sec. 1907. If these Commentaries shall but inspire in the rising generation a more ardent love of their country, an unquenchable thirst for liberty, and a profound reverence for the constitution and the Union, then they will have accomplished all, that their author ought to desire. Let the American youth never forget, that they possess a noble inheritance, bought by the toils, and sufferings, and blood of their ancestors; and capable, if wisely improved, and faithfully guarded, of transmitting to their latest posterity all the substantial blessings of fife, the peaceful enjoyment of liberty, property, religion, and independence. The structure has been erected by architects of consummate skill and fidelity; its foundations are solid; its compartments are beautiful, as well as useful; its arrangements are full of wisdom and order; and its defences are impregnable from without. It has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour by the folly, or corruption, or negligence of its only keepers, THE PEOPLE. Republics are created by the virtue, public spirit, and intelligence of the citizens. They fall, when the wise are banished from the public councils, because they dare to be honest, and the profligate are rewarded, because they flatter the people, in order to betray them."

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