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The Credentialed Court - Inside the Cloistered, Elite World of American Justice (Hardcover)
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The Credentialed Court - Inside the Cloistered, Elite World of American Justice (Hardcover)
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Benjamin Barton, expert in the history of the Supreme Court,
contrasts our current Supreme Court Justices to past greats to
expose a narrower intellectual and experiential diversity on
today's high court. "As Ben Barton's fascinating book makes clear,
Supreme Court Justices of a past age were much more interesting
people than those of today."." -Glenn Harlan Reynolds, Beauchamp
Brogan Distinguished Professor of Law, University of Tennessee The
Credentialed Court starts by establishing just how different
today's Justices are from their predecessors. The book combines two
massive empirical studies of every Justice's background from John
Jay to Amy Coney Barrett with short, readable bios of past greats
to demonstrate that today's Justices arrive on the Court with much
narrower experiences than they once did. Today's Justices have
spent more time in elite academic settings (both as students and
faculty) than any previous Court. Every current Justice but Barrett
attended either Harvard or Yale Law School, and four of the
Justices were tenured professors at prestigious law schools. They
also spent more time as Federal Appellate Court Judges than any
previous Court. These two jobs (tenured law professor and appellate
judge) share two critical components: both jobs are basically
lifetime appointments that involve little or no contact with the
public at large. The modern Supreme Court Justices have spent their
lives in cloistered and elite settings, the polar opposite of past
Justices. The current Supreme Court is packed with a very specific
type of person: type-A overachievers who have triumphed in a long
tournament measuring academic and technical legal excellence. This
Court desperately lacks individuals who reflect a different type of
"merit." The book examines the exceptional and varied lives of past
greats from John Marshall to Thurgood Marshall and asks how many,
if any, of these giants would be nominated today. The book argues
against our current bookish and narrow version of meritocracy.
Healthier societies offer multiple different routes to success and
onto bodies like our Supreme Court.
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