Browsing the archives for the John Roberts tag.

Roberts: Supreme Court Works Best When Everyone Is Like Me

Politics, US Politics

“For the first time in its history, every member of the United States Supreme Court is a former federal appeals court judge. Chief Justice John G. Roberts, Jr., in a lively and surprising talk a couple of weeks ago, said that development might be a good thing.”  So writes Adam Liptak, the supreme court correspondent of the New York Times.

They dress alike, they act alike ...

"They laugh alike, they walk alike, at times they even talk alike ..."

It’s not clear why this is such a good thing, although I suppose homogeneity becomes much more attractive when everyone looks a lot like you.  It is unlikely that the composition of the high court has ever been so uniform as it is today.  Not only are all nine justices former federal appellate court judges, four of them served on the same circuit bench.  Indeed, only Anthony Kennedy and John Paul Stevens served in federal courts outside of the Washington-Philadelphia-New York triangle.  Granted, with the addition of a woman and a black man, the court’s group photo no longer looks exactly like the fortieth reunion of a Princeton eating club, but it could be a class reunion photo for Harvard Law School — after all, five of the justices graduated from there.

This is a far cry from the days when there was, unofficially, a “New York seat” or a “southern seat” or a “New England seat” or even a “Jewish seat” on the supreme court (there’s still a “Catholic seat,” to be sure, but it’s currently being occupied by five of the nine justices).  More disturbing, none of the justices has ever served as a trial court judge, despite the fact that the supreme court routinely reviews the performance of those judges and determines whether they made the right decisions — decisions that the justices themselves have never had to make.  It’s rather like having a sport where none of the referees has actually played the game.

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