Cert pool
The cert pool is a system used by the United States Supreme Court to manage the high volume of certiorari petitions and appeals received each term. Established in 1972 following a suggestion by Justice Lewis F. Powell, Jr., the cert pool allows justices to share their law clerks, who are tasked with summarizing incoming cases. Each clerk in the pool reviews petitions and writes a single memo that is shared among participating justices, streamlining the initial evaluation process. This collaborative approach aims to reduce the workload on individual justices, as they previously had to manage all petitions independently.
While supporters argue that the cert pool allows for more thorough analysis of cases by specialized clerks, critics express concerns that it may lead to a narrower perspective on issues, potentially overlooking significant legal matters. The cert pool illustrates the balance between efficiency and comprehensive judicial review in an increasingly demanding legal environment. Understanding the cert pool is essential for those interested in the workings of the Supreme Court and its decision-making processes.
Cert pool
Definition: Process wherein law clerks from different chambers collaborate in the screening of petitions for certiorari for inclusion on the plenary docket.
Significance: The cert pool has proven to be a useful entity for reducing the caseload crisis faced by the Supreme Court.
Because thousands of certiorari petitions and appeals are filed each term with the Supreme Court, its justices have come to rely on their law clerks to help determine which cases the increasingly overburdened Court should review. Before the cert pool system, each justice received the briefs for all cases, and each clerk read each petition. In 1972 Justice Lewis F. Powell, Jr., suggested, and a majority of justices agreed, that the justices “pool” their law clerks and have them write memos on incoming certiorari petitions and appeals. Each petition is read and summarized by only one clerk from the pool, who writes a single case memo for all the participating justices. The participating justices agree to abide by the recommendations prepared by the member of the pool. A justice’s clerk reviews each incoming pool memo. The clerk may agree with the memo’s recommendation or may research and write a separate memo for his own justice.
Critics claim that the cert pool reduces the number of people who screen each case and that screening done by mere clerks increases the risk that important case issues will be overlooked or mischaracterized. Supporters claim that clerks writing pool memos are better able to take a close look at each assigned case, unlike the cursory reviews conducted under the old system.