Cornell Insider

a blog by the writers of the Cornell Review

Posts Tagged ‘Supreme Court’

Kagan and the Dominance of the Ivy League

Posted by Cornell Insider Staff on May 12, 2010

As many journalists and political pundits have pointed out, if Elena Kagan is in fact confirmed as the 112th Supreme Court Justice, it would secure a complete Harvard-Yale Law dominance of the Supreme Bench. Here’s a quick rundown of the current academic pedigrees of the other eight Supreme Court Justices:

Your ticket to the SC.

Samuel Alito
Undergraduate: Princeton Law School: Yale

Stephen Breyer
Undergraduate: Stanford Law School: Harvard

Ruth Bader Ginsburg
Undergraduate: Cornell Law School: Harvard, Columbia

Anthony Kennedy
Undergraduate: Stanford Law School: Harvard

John Roberts
Undergraduate: Harvard Law School: Harvard

Antonin Scalia
Undergraduate: Georgetown Law School: Harvard

Sonia Sotomayor
Undergraduate: Princeton Law School: Yale

Clarence Thomas
Undergraduate: Holy Cross Law School: Yale

You can clearly see that the breakdown is highly skewed in the Ivy direction, with Harvard/Yale achieving almost complete dominance in the Law School category (since Ginsburg technically transferred and completed her degree at Columbia). Only Clarence Thomas completed his undergraduate degree at what might not be considered an “elitist” institution. Kagan went to Princeton for undergrad and then attended Harvard Law. Her confirmation would only continue to solidify the Ivy/Harvard+Yale dominance.

Some have started to get up in arms that this is just the most recent example of American institutional elitism. David Bernstein from VC writes: “I know that Harvard and Yale attract a disproportionate percentage of America’s talented youth, but still, isn’t this a bit much? Are there no similarly talented individuals who attended other Ivy League schools, other private universities or (gasp!) even state law schools?”

But his is one of the more moderate complaints. The Washington Post has a more extensive criticism of the Ivy drapings of the Court. The article, titled, “The justice league: Elena Kagan’s nomination shows that Ivy roots run deep,” argues while it is hard to argue with Ivy League degrees, the Supreme Court is missing something if it only selects from the Ivy pool:

But are these super-pedigreed candidates missing something?

“Harvard and Yale are, by any standard, great educational institutions, but it is not one of their strengths to instill in their students a sense of humility,” says Jerome Karabel, a sociology professor and author of “The Chosen: The Hidden History of Admission and Exclusion at Harvard, Yale, and Princeton.” “And if humility is a desirable quality in justices, then Harvard and Yale should not be the only pathway to the Supreme Court. Some of our greatest justices — Earl Warren, Thurgood Marshall, Robert Jackson and Hugo Black come to mind — did not attend Harvard or Yale.”

Say what you will about lacking a “sense of humility,” but I think it’s hard to construct an argument about institutional elitism as far as it relates to having educational opportunities in America. Maybe it is the case that a disproportionate number of Justices come from the Ivy League- even at the expense of superb candidates from state schools- but does this mean there is overarching institutional elitism? I say no. In order to prove this, one would have to show that there is discrimination at the level of undergraduate and law schools admissions. I won’t argue that this isn’t at all the case- but the Supreme Court isn’t the place to look for evidence. A number of the Justices came from poor backgrounds and are great American success stories.

So if you, Cornellian, are an aspiring Supreme Court Justice, your best bet would be to start studying for the LSATs early and apply to Harvard/Yale. Your chances look good!

Posted in Campus Insiders, National News | Tagged: | 4 Comments »

Monday Reading Madness #35

Posted by Cornell Insider Staff on February 7, 2010

- Months later, Maine highlights the underutilization of our emergency alert system.

Lego competition in Duffield.

- The Ivy League is apparently immune to such problems, but here’s an analysis of what happens when you have a 60-40 ratio on campus.

- Another big weekend for men’s basketball, while hockey goes 1-1.

- Two Cornell professors discuss gender equality in engineering.

- This was from last week, but in case you didn’t hear, tuition is going up. (Via METAezra).

- How did I miss this?

- New Pew research says blogging is down among young adults.

- Our friends at the Stanford Review blog cover an interesting on-campus debate about Christianity and capitalism.

- Another reminder that Cornell’s fraternity mishaps pale in comparison to the stuff that unfortunately goes on at other schools.

- It’s an old story now, but kudos to Pi Phi for getting their fashion guide picked up by… Fox News!

- Some sort of spiderman device, brought to you by Cornell researchers.

- Stephen Hayes argues that the White House is politicizing intelligence.

- We might have two more sets of confirmation hearings on our hands in the near future.

- Finally, I can’t help but pass along this fascinating bit of experimental research. Hat tip to JP.

Posted in Campus Insiders, National News | Tagged: , , , , , , | Leave a Comment »

Sotomayor Approval

Posted by Cornell Insider Staff on August 7, 2009

Yesterday, the Senate approved  Sonia Sotomayor to the U.S. Supreme Court. The final vote was 68-31, which was a closer margin than John Roberts (78-22) but less divisive than the Alito approval vote (58-42). Few people doubted her eventual confirmation, and the distribution of the final vote was nothing short of predictable and expected. Only time will tell which Sotomayor will write opinions as an Associate Justice of the Supreme Court: the judge who believes in the power of empathy and experience or the Supreme Court nominee who describes her judicial philosophy as “fidelity to the law.” In the meantime, David Bernstein from VC has a comical response to a NY Times writer who claims that Sotomayor is about to “take on one of the most demanding jobs in the land”:

Let’s see. Each Justice has to write eight or nine opinions a year, plus several dissents or concurrences, with the assistance of four law clerks. While doing so, they manage to write books, lecture, and take the Summer off. Justice Thomas travels the country in his Winnebago. Other Justices have cushy lecturing jobs in Europe. Some elderly Justices almost literally have to be carried out of the Court when they die or become mentally incompetent, because the job is so “demanding.” It’s hard to see how an 89 year old Justice Stevens could keep up if he had the “one of the most demanding jobs in the land.”

Powerful? Yes. Intellectually challenging? Yes. Stressful? It would stress me out to have to decide, e.g., whether abortion would be legal, but the Justices seem to cope a lot better than I would, and they do have a lifetime job and no boss, which eliminates two major sources of stress for many people. Among the most demanding in the land? Hardly. My impression is that many lower court federal judges work much harder year-round than the average Supreme Court Justice.

Interestingly enough, the man who wrote the original NY Times piece, Adam Liptak, is the Supreme Court Correspondent of the New York Times!

As far as the most demanding job in Washington goes, I would case my vote for White House Chief of Staff. You’re basically the second most powerful man in the world, you work non-stop ridiculous hours, and you have to take care of all the small details at which the President can wave his hand. Most Presidents go through multiple Chiefs of Staff. I give Rahm until after the 2010 midterms.

Posted in National News | Tagged: , , | 1 Comment »

Krauthammer on Ricci

Posted by Cornell Insider Staff on July 3, 2009

Check out this great article by Charles Krauthammer on the implications of the Supreme Court’s ruling in the Ricci v. DeStefano case (also known as the New Haven Firefighters case). Here’s an excerpt: 

The Supreme Court’s ruling on the Ricci case — that white firemen suffered illegal discrimination when a promotional test on which they did well was thrown out because not enough blacks did well — will have no effect on Sonia Sotomayor’s nomination to the Supreme Court. While overturned on Ricci, she is protected by the four dissenting justices who upheld the side of the case she had taken as a Circuit Court judge. Sotomayor was additionally helped by Justice Ruth Bader Ginsburg’s insistence on reading her dissent from the bench, as if to emphasize the legitimacy of her position — and, by implication, Sotomayor’s.

Ricci left Sotomayor relatively unscathed. But not affirmative action. Ricci raised the bar considerably on overt discrimination against one racial group simply to undo the unintentionally racially skewed results of otherwise fair and objective employment procedures (in this case, examinations).

Posted in National News | Tagged: , | Leave a Comment »

 
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