Q (Jess Bravin): Chief Justice John Roberts, among others, has criticized law reviews for publishing articles on obscure subjects that offer little assistance to the bar and bench. I understand you agree—but have found a substitute.
A (AMK): Professors are back in the act with the blogs. Orin Kerr, one of my former clerks, with criminal procedure [and] the internet area, Mike Dorf, Jack Goldsmith. So the professors within 72 hours have a comment on the court opinion, which is helpful, and they are beginning to comment on when the certs are granted. And I like that.
Alas, Justice Kennedy does not read the blogs. That’s what clerks are for.
Q: So you’re reading blog posts after cert grants?
A: I have my clerks do it, especially with the ones when we’ve granted cert, to see how they think about what the issues are.