Monday, May 17, 2010

Where's the diversity?

I think it is remarkable that we are headed toward our third female Supreme Court justice (assuming Elena Kagan is confirmed, obviously). And mostly for the fact that the mere fact that she is a woman is no big deal. A long time coming!

And we have a dead-conservative African American on the Supreme Court (not that I agree with much of any of Justice Thomas's views, but that's not what this blog's about). And of course Latina Sonia Sotomayor.

There has been discussion in the media about lack of a Protestant Justice with the retirement of Justice Stevens. That doesn't overly trouble me, although having six of the nine of the Catholic faith strikes me as a bit unbalanced.

But what I have not heard much about is the fact that all of the new Supremes will have attended Harvard or Yale. All of 'em (Justice Ginsberg attended Harvard but graduated from Columbia).

Now those schools are diverse, to be sure. But they represent a tiny fraction of the legal pool, even of the so-called "elite" law schools. And those institutions (Harvard and Yale) no doubt promote diverse thought within their walls. But it strikes me as plain weird and scary that graduates from these schools so absolutely dominate the SCOTUS. Plus, then there's the current President. Oh, and Bush II. Oh and the current Secretary of State. And Bill Clinton. And Bush I (all Yalies except Mr. Obama).

Group think can set in with even the best of minds. I think there should be more written and said about getting a SCOTUS with a more diverse educational background. I just can't believe that there is too narrow of an educational mind-set being served up to our highest leadership positions. Don't you think there is possibly something different about the way folks approach things at the University of Chicago? Northwestern? Berkeley? Stanford? What about a fine state institution like Michigan? To analogize to sports, Magic went to Michigan State, a big-time Big 10 school in basketball at the time. Kareem Abdul-Jabbar (Lew Alcindor, as my brother might fondly recall), went to the vaunted UCLA program, of course. But I seem to recall Larry Bird did just fine out of lil' ol' Indiana State University.

1 comment:

Jim said...

We both know some terrific Harvard grads, but I couldn't agree with you more. We all saw the Paper Chase, where the socratic method was illustrated as the professor taught his students to "think like a lawyer." Some diversity in thinking and approach at the highest courts can only make for a better system. I saw a recent article that Mizzou and Harvard were tied with the same number of Fortune 500 CEOs alumni. Why should the law be such a close fraternity?