tag:blogger.com,1999:blog-5492966665029502319.post7200546359128532354..comments2023-10-29T06:03:29.570-04:00Comments on Fordham American Studies: Are There Too Many Judges on the Supreme Court?Professor Glenn Hendlerhttp://www.blogger.com/profile/05193047439910682130noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5492966665029502319.post-77818316926089958112010-04-26T20:20:35.754-04:002010-04-26T20:20:35.754-04:00Unfortunately, the relevance of the religious orie...Unfortunately, the relevance of the religious orientation of a High Court nominee has always matter in the way your student’s hypothetical implies. For most of the 20th century, non-Protestant candidates—Jews and Catholics—raised many of the irrational concerns that a nomination of a Muslim would today. For instance, the 1916 nomination of Louis Brandeis, the first Jewish nominee:<br />Wilson'Arthur S. Hayesnoreply@blogger.comtag:blogger.com,1999:blog-5492966665029502319.post-12329485289860258712010-04-26T09:53:07.815-04:002010-04-26T09:53:07.815-04:00Historically, diversity has been important in a nu...Historically, diversity has been important in a number of respects besides just professional diversity. No doubt the choice of Sotomayor was intended (in part) to bring racial diversity to the Court.<br /><br />Religious diversity seems to be less important to presidents than it once was. How else to explain the fact that there are now six Catholics on the Court? I doubt that Obama is Robert J. Humehttps://www.blogger.com/profile/12523592799700974390noreply@blogger.comtag:blogger.com,1999:blog-5492966665029502319.post-41643922520155722222010-04-22T14:19:23.829-04:002010-04-22T14:19:23.829-04:00We're not likely to see a former politician no...We're not likely to see a former politician nominated any time soon because of Chief Justice Earl Warren's legacy, or at least how his legacy is perceived by the right wing. I believe the right wing believes ex-politicians are too likely to "legislate" from the bench. <br /><br />Of course, many right wing judges are activists. They interpret the law to conform to their Arthur S. Hayesnoreply@blogger.comtag:blogger.com,1999:blog-5492966665029502319.post-47534097021208217062010-04-21T12:19:19.594-04:002010-04-21T12:19:19.594-04:00Your question about diversity is an interesting on...Your question about diversity is an interesting one. As you know, other diversity questions have come up. For example, the current crop of Justices are all graduates of Harvard and Yale. Does it matter? Are all law schools created equal? Is the current roster the result of professional and social networks? Another question: Do SC Justices have to be lawyers? And then, Justice Steven's Margaret Steinfelsnoreply@blogger.com