The simplest solution would be to strip the Justices of all their clerks. We think such a step is unnecessarily radical. Instead, we propose that Congress reassign the clerks (perhaps in reduced numbers) to the staff of the Court’s Librarian. The Librarian would choose and supervise the clerks, who would not be permitted to draft legal opinions. . . our intent is not to punish the Court or its members, but to encourage the Court to operate more like a judicial body and less like an academic faculty cum super-legislature.
Guest bloggers at VC.
There's a parallel here with Members of Congress voting on laws they haven't read: judges deciding cases on the bases of research they haven't read, and expressing their decisions through rulings they didn't even write.