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ElenaKagan 6 - 14 May 2010 - Main.AmandaBell
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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. | | | Which brings me to why I don't think we need another intellectual on the court. Applying rules is fantastic and I'm sure that a Harvard, Yale, or Columbia education is fantastic in teaching one how to apply legal rules, create legal rules, etc. To be sure, I want a justice who knows how to navigate legal rules and make good arguments. But to have 9 people good at applying something so disjoint from the other forms of reasoning makes me a little queasy. I worry when people get too absorbed in abstractions, especially when they are the very people who create abstractions. Perhaps I am a little (or a lot) influenced by Eben on this, but it did not take me too long in Con Law for me to realize that Marshall was one of my more favorite Supreme Court justices. Taking rules too seriously leads to bad outcomes, but only he seemed to realize this. And, as Taylor said, I'm afraid we are just going to end up with 9 bureaucrats who are really good at applying, creating, and bending rules.
-- MatthewZorn - 13 May 2010 | |
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>Is anyone else disappointed with this nomination?
I haven't felt disappointed or pleased. I understand what many people are saying about the Court being stacked with ridiculously elite, arguably out-of-touch people. However, the field of choice is limited as long as we all stick to the view that the justices must be lawyers. Anyone with a law degree -- Ivy League or not -- is automatically more elite than 90% of Americans. This is why I'm not disappointed. I didn't expect anyone truly different from the others.
>9 bureaucrats rather than 9 wise men (and women).
She is a replacement hitter for the liberal(ish) Four. The exciting moment will come when one of the right-wing Five retires. The exact beliefs and abstruse doctrines favored by each individual justice aren't nearly as important as how many there are on each side.
I sound cynical here, so I will add that I'm glad she's a woman. The Court frequently hears cases that I think are easier to understand and decide well on if you have lived your life in a female body.
-- AmandaBell - 14 May 2010 | | | |
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