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ElenaKagan 14 - 16 Jun 2010 - Main.MatthewZorn
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| Is anyone else disappointed with this nomination (from a non liberal/conservative point of view)?
I think it is terribly disappointing that we keep getting these Ivy League judges on the Supreme Court. Sure, Kagan has no "bench" experience, so in that aspect she is diverse. She is also female, which may be needed. But, she is still what at least 7 out of the other 8 are on the court: legal intellectuals. Frankly, I would have liked to have seen (and would like to see in the future) non-intellectuals grace the halls of the court again. There used to be a time when one did not have to go to an Ivy league law school to be on the court. Now, it is a prerequisite. And, I can't think of a nominee that would be a bigger intellectual than Kagan: law prof turned Harvard Law School Dean. But, I don't know the woman, so, maybe I'm wrong. | | -- MatthewZorn - 16 Jun 2010 | |
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Well, I certainly would not want to have no Harvard / Yale people on the bench. Concisely, I suppose my major issue is this: diversity. There is diversity of all different kinds: racial, religious, gender, geographic, etc. Educational diversity, to me, is more important than the whole lot.
To analogize with philosophy, our conceptions and structuring of the real world into space-time is largely shaped by survival instincts and the "nurture" around us. The way we breakdown our surroundings is very much a product of the way our surroundings breakdown us. But, just because we choose to arrange our world in a certain way does not mean it is any more right or wrong than any other way. As we learned with Veblen / classical economists, neither way of looking at the problem is right or wrong--they are just different ways of looking at an issue. A similar case can be made for learning law at the elite schools. Sure, the justices have different labels like "originalist" or whatnot, but, the fact is they are all from the same elite crop and to that extent have been conditioned by eliteness.
As for the President comment--good point. I suppose, since the people have a more direct say in who is President, I am a little more comfortable with the Ivy dominance. Of course, I find the use of 20 years sneaky, since, over the course of 20 years 16 of those years were filled by 2 people. Stretch the time frame out a little and you get less Ivy league pre-eminence.
Nevertheless, to answer your comment more directly: I am bothered a little by eliteness in all spheres of human existence, but especially government and the judiciary. It seems like a symptom of baby-boom eliteness (and humanity) to (1) perpetuate eliteness (2) try to become even more elite and (3) screw everyone else.
-- MatthewZorn - 16 Jun 2010 | | |
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