United States:
What The Litigators Among Justice Breyer's Clerk Family Tree Picked Up From The Noted Pragmatist
28 January 2022
Morrison & Foerster LLP
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Deanne Maynard spoke to AmLaw Litigation
Daily about U.S. Supreme Court Justice Stephen Breyer,
who plans to retire at the end of this term.
"When his law clerks would give the justice a draft of an
opinion, he would put it on the typing stand next to his computer
and start over" so his opinions have one voice and sound like
the justice talking, said Deanne, who clerked for Breyer in
1994-95, adding that the same approach is useful for briefs.
"They need to have one voice – and often the most
effective way to communicate a point is to figure out how you would
explain it if you were talking, and then just write that
down."
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