Sunday, December 02, 2007

"The Stepford Justices": The Need for Experiential Diversity on the Roberts Court

From the Abstract: "For the first time in history every Supreme Court justice has come directly from the same job: judge on the U.S. Court of Appeals. For the first time in history no justice has ever served in a legislature at any level of government. For the first time in history no justice has ever run for political office. For the first time in history eight of the nine justices have graduated from the same three Ivy League law schools.

This narrowness of experience on the Supreme Court is unprecedented. Our current Supreme Court can indeed be called The Stepford Justices.

This article traces this homogeneity to the failure of the Robert Bork nomination in 1987. Since Bork, Presidents have tried to sell their nominees as non-ideological legal technicians. At the same time, justices are actually being selected for the same reason they always have been - the hope that their decisions will reflect the political beliefs of the President and his party." O'Neill, Timothy P. Oklahoma Law Review, Vol. 60, No. 4, 2007 [via SSRN]

Link to download site at SSRN

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