Sunday, October 5, 2008

Palin, a Supreme?

"If there is a lesson to be learned about Sarah Palin's dizzying political ascent, it's that America really loathes Washington insiders, especially those tasked with working inside Washington. ... But while our contempt for the Washington life touches everyone in the legislative and executive branches, it's become almost a job requirement at the Supreme Court. ... It's just that a court that once included governors and senators and former football stars is now overrun by an elite cadre of mostly male, mostly East Coast lawyers. If there ever were a branch of government crying out for varying life experiences, it's the Supreme Court. And if any branch of government is in need of a mother of five who likes shooting wolves from helicopters, the court it is. ... No fair arguing that Palin isn't experienced enough to sit on the highest court of the land. What matters--is one's moral certainty, reliability and gender", my emphasis, Dahlia Litchwick (DL) at Newseeek, 22 September 2008.
I'm sure DL wrote this article tongue in cheek. That said, I have long favored appointing persons who lack law degrees as judges. How radical. Where does Article Three of our constitution say a Supreme must have a law degree? Where does it say that the law degree must come from one of say 20 law schools, and that "Harvard-Yale" law school's quota is six justices? Why did Bush make Roberts and Alito Supremes if not to protect big business interests? Does DL think a Supreme need be a genius? Why was say, Thurgood Marshall put on the court? Why wasn't Learned Hand (LH) in the 1930s or Richard Posner today, put on the court? In the 1930s Alcoa was charged with anti-trust violations. It appealed to the Supremes. The Supremes could not convene a court because too may of them had conflicts of interest. So the US and Alcoa agreed to let a special 2nd Circuit panel hear the appeal, with LH presiding, opinion: US v. Aluminum Co. of America, 148 F2d 416 (2nd Cir., 1945) (Hand. J). That's respect. In the 1930s Louis Brandeis (LB) was asked which of his eight brethren was the most esteemed jurist in the US? LB replied, the most esteemed jurist in the US does not sit on the Supreme Court. Book suggestion: Learned Hand: The Man and the Judge by Gerald Gunther, 1994.

Where did our current Supremes attend law school?

Harvard: Scalia, Kennedy, Roberts, Breyer and Souter.

Yale: Thomas and Alito.

Columbia: Ginsburg, special note, she spent her first two years at Harvard.

Stevens: Northwestern.

7 2/3 Harvard and Yale. Think about that!

1 comment:

Anonymous said...

U.S. Treasury Secretary Henry Paulson is expected to name Neel Kashkari to oversee the $700 billion program to buy distressed assets from financial institutions, The Wall Street Journal reported on Sunday.

Kashkari, a Treasury assistant secretary for international affairs and a former Goldman Sachs banker

"Give me control over a nation's currency and I care not who makes its laws."
Baron M.A. Rothschild