Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882.
[2] Among their many functions, clerks do legal research that assists justices in deciding what cases to accept and what questions to ask during oral arguments, prepare memoranda, and draft orders and opinions.
[3] After retiring from the Court, a justice may continue to employ a law clerk, who may be assigned to provide additional assistance to an active justice or may assist the retired justice when sitting by designation with a lower court.
The following is a table of law clerks serving the associate justice holding Supreme Court seat 4 (the Court's fourth associate justice seat by the order of precedence of the inaugural associate justices[a]) which was established on September 24, 1789 by the 1st Congress through the Judiciary Act of 1789 (1 Stat. 73).
[4] This seat is currently occupied by Justice Elena Kagan.