I don’t think the Supreme Court is likely to accept advice from law professors on administrative issues, such as whether to have opinions in tie cases and whether to identify the justices voting for or against cert. The court is understandably likely to think that law professors are not in a position to advise on such issues. I also think there’s a growing gap between judges (including the Supreme Court justices) and the academy,

which judges tend to think is increasingly distant from the actual practice of law, staffed as it increasingly is with refugees from other disciplines—the graduate students in classics, and history, and anthropology, and so on who upon discovering there were very few well-paying positions in such fields nowadays decided to go to law school and afterward had no time to practice law before getting a law-teaching job. READ MORE