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ElenaKagan 17 - 18 Jun 2010 - Main.TaylorMcGowan
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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. | | | Also, I'm not arguing that no Crimsons or Yalies belong on the court--I'm saying it should not be exclusive.
-- MatthewZorn - 17 Jun 2010 | |
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Matt, I must admit that I am very sympathetic to the points you have been expressing - especially the one above about how attending elite schools can result in brainwashing. Focusing solely on the brainwashing effect of attending elite schools however may be blinding us to a larger problem (one which I believe Eben was trying to enlighten us to) and that is the brainwashing that occurs in law school.
Law schools treat law as a science with the all-important skill of "thinking like a lawyer" serving as a replacement for the scientific method. As such, lawyers are trained to be faithful to "the law," rendering their assessment of the subject overly technical and devoid of a proper understanding on how the law affects (to use the words of BP's idiot chairman) the "small people." I think some of the discontent being expressed is reflective of a desire for all lawyers, not simply the ivy leaguers, to demonstrate their understanding and acceptance of the simple truth that is inscribed above the Georgetown Law library - "Law is but the means - Justice is the end."
-- TaylorMcGowan - 18 Jun 2010 | | | |
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