Thomas Clerks Go Head-to-Head in Supreme Court Rematch

Williams & Connolly LLP’s Sarah Harris and the Justice Department’s Austin Raynor each made their Supreme Court debut Nov. 2 in a benefits case searching the scope of judicial review.

The two former clerks for Justice Clarence Thomas will face off again Wednesday in an Appointments Clause case which will be the second high court argument for both.

Harris eked out a win in the only 5-4 ruling of the term so far, with an unusual lineup among the justices that didn’t fall along predictable ideological lines.

Raynor, an assistant solicitor general, nabbed the vote of their former boss, with Thomas writing for the dissent.

Going into Wednesday’s argument, “it is sort of like we are 1-1,” Harris said.

The Appointments Clause case is the latest in an ongoing attempt to balance federal agency independence and accountability.

The justices have heard a handful of these and similar challenges to the make-up of administrative agencies, so far siding with those who advocate for more robust executive control of the so-called administrative state.

Despite being on the winning side of that dispute, Harris is arguing a tangential issue in the latest case—when in the process does someone have to make that challenge.

Harris clerked for Thomas during the court’s 2015 term and Raynor, in the next one.

Raynor, who practiced at Sullivan & Cromwell following his clerkship, joined the Justice Department in November 2019, according to his LinkedIn profile.

Harris served in Justice Department’s Office of Legal Counsel before joining Williams & Connolly.

This time around, Harris said she hopes to not only continue her high court winning streak, but nab Thomas’s vote in the process.