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Even for the Experienced Sotomayor, Many Changes Await
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Justices often describe ascension to the court as an overwhelming experience. On his first day in chambers after his contentious confirmation hearings, Thomas "quickly calculated that I would need to read several thousand pages of petitions, briefs and related materials over the next two weeks, and the prospect alarmed me," he wrote in his autobiography.
"What I needed was a vacation, not another marathon."
Chief Justice John G. Roberts Jr. is scheduled to administer to Sotomayor two oaths in an 11 a.m. ceremony Saturday, the first before a small gathering of her relatives and friends. The court has decided to allow the second oath -- the judicial oath -- to be televised, marking the first time that Americans will be able to watch live the ascension of a member to the nation's highest court.
This will be the first of three ceremonies accompanying the arrival on the court of Sotomayor, 55, who for the past 11 years has been a member of the U.S. Court of Appeals for the 2nd Circuit. On Wednesday, President Obama will host a reception at the White House, and the court will hold a formal investiture ceremony a month from now. After its September hearing, the court will begin its traditional term Oct. 5.
Her historic appointment will bring Sotomayor increased attention, but that is likely to fade as she begins work in one of the government's most cloistered institutions. Because their proceedings are not televised -- a decision Sotomayor seemed open to changing during her confirmation hearings -- the justices are rarely seen. They feel no need to explain their decisions in interviews and never hold news conferences, maintaining that their reasoning is explained in the opinions they write or the dissents they join. A C-SPAN poll this summer revealed that more than half of Americans could not name any of the nine justices.
It will not be hard for Sotomayor to be in the public eye more than Souter, who became famous for his reclusive ways. In general, justices give more speeches and interviews than is believed, though on their terms. Thomas opened up to the television networks when promoting his autobiography, which went on to be a bestseller, and several of the justices have written books on their views about constitutional interpretation. Justice Ruth Bader Ginsburg recently spoke out about being the only woman on the court, and her love of opera makes her a prominent member of Washington's cultural scene.
Sotomayor has begun work on some aspects of her new job. Dawn Cardi, a lawyer in New York who is her close friend, said Sotomayor began to consider potential clerks soon after her confirmation hearings ended last month, meeting some of them in New York and Washington, and interviewing others by phone.
If she follows the example of other justices, at least some of her four clerks will have worked for others on the bench and became familiar with the court's ways. "You can imagine -- everyone in the world has a candidate for her," Cardi said.
Experienced clerks can serve as guides in a court where justices work independently, rather than as a team. The justices' chambers are often described as separate law firms in one building, a description McAllister says is accurate.
The justices "are all very nice to each other, they're all collegial," he said. "But there is no such thing as 'junior justice' training." After an initial round of courtesy calls, McAllister said, the attitude is, "You're a justice now; you figure out how to do it."
Certain duties are prescribed: The junior justice speaks last at the members-only private conferences in which the court decides the cases it hears. He or she takes notes, records votes and answers the door if someone approaches. Justice Stephen G. Breyer performed those tasks for more than 11 years before Justice Samuel A. Alito Jr. joined the court in 2006, and justices joked that it took some time before Breyer realized he did not have to jump up whenever there was a knock at the door.
Unlike appellate judges, justices decide which cases merit the court's attention, sorting through about 8,000 petitions each year to select the fewer than 80 cases they will hear. The court has selected 46 cases for its upcoming term, but Sotomayor will be in place to help choose the rest.


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