Anita Hill has an opinion about who should be in the US Supreme Court. Actually she has an opinion about who shouldn’t be in the Court. John G. Roberts apparently shouldn’t be in the Supreme Court, because he has belonged to a series of “increasingly elitist institutions”.
We don’t know much about Roberts’ political ideology, but we do know that his career has been built on membership in increasingly elitist institutions that include few women and Latinos or other ethnic minorities. From his education at Harvard University and Harvard Law School to his role as chief of a D.C. firm’s appellate practice, Roberts placed himself in increasingly distinguished but exclusive circles.
His positions as managing editor of the Harvard Law Review and a clerk for then Associate Justice William Rehnquist are impressive. But the selection processes for each of those positions have their critics. By 1994, years after Roberts’ clerkship, Rehnquist had hired a total of 73 clerks. Only eight were women.
Before Roberts’ appointment to the D.C. Court of Appeals in 2003, he was included in a small circle of top Supreme Court litigators that included New York’s Floyd Abrams and Washington’s Robert Bork – but very few women or minorities.
Let’s keep score:
- Attending Harvard, one of the best schools in the world – Bad
- Attending Harvard Law – one of the best US Law schools – Bad
- Chief of a D.C. firm’s appellate practice – Bad
- Managing editor of the Harvard Law Review – Bad
- Clerk for then Associate Justice William Rehnquist – Bad
- “widely recognized within the Beltway as one of the country’s top appellate attorneys” – Bad
Isn’t this the one place we want an elitist, Harvard educated lawyer? And what more elitist organization is there than the US Supreme Court? Nine people, who are in some sense the last protectors of the US Constitution. This is the group that the word elitist was made for.
Richard Epstein has a much more interesting opinion on the Roberts nomination.
I have never met Judge Roberts, nor, for that matter, read a single one of his opinions. But I knew that he enjoyed the reputation as one of the keenest intellects and best Supreme Court advocates in the highly competitive Washington legal market. A glance at his gilt-edged resume–his 1979-80 clerkship with the late Judge Henry Friendly on the Second Circuit Court of Appeals leaps out–only increased my confidence in his nomination. His familiarity with complex business matters counts as a big added plus. Well done, I thought. This should be a cakewalk.
Then I heard Senator Charles Schumer, somber and self-righteous, reach, as he so often does, for the microphone, to announce that gilt-edged credentials are not enough. In his view, all nominees must be vetted for the soundness of their ideological positions. More pointedly, he observed that when John Roberts was up for a Circuit Court judge position, he refused, under questioning, to identify three Supreme Court decisions that he disagreed with. This time round, Sen. Schumer warned, that evasion will not work.
I hope that Judge Roberts resists the temptation to talk too much about past cases lest he prejudge future ones. Frankly, I care more about his willingness to listen than his ability to declaim at length. And I enthusiastically support his candidacy even if he rejects, publicly or silently, every outlandish position I hold dear. The fate of his nomination does not turn on my views.
Well worth reading the whole piece. He poses several questions to Mr. Schumer while pointing out several Supreme Court decisions that he personally disagrees with. I find Mr. Epstein much more believable in his opinions. I still can’t quite understand Ms. Hill’s opinion that she is against Mr. Roberts because of his “extraordinary” credentials, choosing instead for “diversity”.
I think extraordinary credentials are a good place to start. Maybe follow that up with a little personal integrity. A good case of ethics might also be in order. Diversity though, has no place in this discussion. The best possible candidate, regardless of race, sex, or religious background. We deserve no less.