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	<title>Comments on: Supreme Court Diversity</title>
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	<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/</link>
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	<lastBuildDate>Thu, 26 Nov 2009 16:55:42 -0600</lastBuildDate>
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		<title>By: Liberty Pundit &#124; Obama Nominates Left-Wing Activist To Supreme Court</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1051236</link>
		<dc:creator>Liberty Pundit &#124; Obama Nominates Left-Wing Activist To Supreme Court</dc:creator>
		<pubDate>Wed, 27 May 2009 05:15:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1051236</guid>
		<description>[...] Surber The Other McCain Hot Air American Power Hugh Hewitt Power Line Outside The Beltway Pajamas Media Right Wing News Sister Toldjah Wizbang   Share and [...]</description>
		<content:encoded><![CDATA[<p>[...] Surber The Other McCain Hot Air American Power Hugh Hewitt Power Line Outside The Beltway Pajamas Media Right Wing News Sister Toldjah Wizbang   Share and [...]</p>
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		<title>By: PD Shaw</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1051132</link>
		<dc:creator>PD Shaw</dc:creator>
		<pubDate>Wed, 27 May 2009 00:20:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1051132</guid>
		<description>I&#039;ll take back my comment given that it appears that she was a district court judge before being appointed to the Court of Appeals.</description>
		<content:encoded><![CDATA[<p>I'll take back my comment given that it appears that she was a district court judge before being appointed to the Court of Appeals.</p>
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		<title>By: Grewgills</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1051022</link>
		<dc:creator>Grewgills</dc:creator>
		<pubDate>Tue, 26 May 2009 21:16:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1051022</guid>
		<description>&lt;blockquote&gt;I find it far more disturbing that none of the current sitting justices has ever presided over an actual trial.&lt;/blockquote&gt;
Sotomayor&#039;s stint as Asst NY DA should mitigate that problem.</description>
		<content:encoded><![CDATA[<blockquote><p>I find it far more disturbing that none of the current sitting justices has ever presided over an actual trial.</p></blockquote>
<p>Sotomayor's stint as Asst NY DA should mitigate that problem.</p>
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		<title>By: Eric Florack</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050959</link>
		<dc:creator>Eric Florack</dc:creator>
		<pubDate>Tue, 26 May 2009 18:08:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050959</guid>
		<description>Balko&#039;s point is a valid one, but I wonder if the reason for it isn&#039;t an unexpected one. Namely, that they&#039;re all ivy leaugers as Schuler points up: 

&lt;blockquote&gt;Diversity, shmiversity. Every recent appointee has been a graduate of Harvard or Yale Law. It&#039;s not that graduates of Harvard and Yale Law aren&#039;t intelligent people (that&#039;s a subject for another day). It&#039;s that being that restrictive effectively delegates the chore of narrowing the pool from which Supreme Court Justices are drawn to the admissions departments of two law schools.&lt;/blockquote&gt;

Grads under these conditions would seem not to take the trajectory through benches in lower courts. The result of such is rulings that have at best a tenuous connection with the real world. 

Of course, given the confirmation process, how would somone with an actual trial history get confirmed?</description>
		<content:encoded><![CDATA[<p>Balko's point is a valid one, but I wonder if the reason for it isn't an unexpected one. Namely, that they're all ivy leaugers as Schuler points up: </p>
<blockquote><p>Diversity, shmiversity. Every recent appointee has been a graduate of Harvard or Yale Law. It's not that graduates of Harvard and Yale Law aren't intelligent people (that's a subject for another day). It's that being that restrictive effectively delegates the chore of narrowing the pool from which Supreme Court Justices are drawn to the admissions departments of two law schools.</p></blockquote>
<p>Grads under these conditions would seem not to take the trajectory through benches in lower courts. The result of such is rulings that have at best a tenuous connection with the real world. </p>
<p>Of course, given the confirmation process, how would somone with an actual trial history get confirmed?</p>
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		<title>By: G.A.Phillips</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050883</link>
		<dc:creator>G.A.Phillips</dc:creator>
		<pubDate>Tue, 26 May 2009 15:21:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050883</guid>
		<description>&lt;blockquote&gt;I find it far more disturbing that none of the current sitting justices has ever presided over an actual trial.&lt;/blockquote&gt; But AT LEAST the weren&#039;t dumb enough to say that the courts are were policy is made on tape, or should I be happy because she is honest.</description>
		<content:encoded><![CDATA[<blockquote><p>I find it far more disturbing that none of the current sitting justices has ever presided over an actual trial.</p></blockquote>
<p> But AT LEAST the weren't dumb enough to say that the courts are were policy is made on tape, or should I be happy because she is honest.</p>
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		<title>By: PD Shaw</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050878</link>
		<dc:creator>PD Shaw</dc:creator>
		<pubDate>Tue, 26 May 2009 14:56:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050878</guid>
		<description>I agree w/ Balko.  Trial court experience is severely lacking in the current line-up.  Some of the rulings, there is a Kennedy decision on wetlands that comes to mind, articulate such vague standards that only Kennedy can decide what the law is.</description>
		<content:encoded><![CDATA[<p>I agree w/ Balko.  Trial court experience is severely lacking in the current line-up.  Some of the rulings, there is a Kennedy decision on wetlands that comes to mind, articulate such vague standards that only Kennedy can decide what the law is.</p>
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		<title>By: Radley Balko</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050873</link>
		<dc:creator>Radley Balko</dc:creator>
		<pubDate>Tue, 26 May 2009 14:25:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050873</guid>
		<description>I find it far more disturbing that none of the current sitting justices has ever presided over an actual trial.</description>
		<content:encoded><![CDATA[<p>I find it far more disturbing that none of the current sitting justices has ever presided over an actual trial.</p>
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		<title>By: Eric Florack</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050866</link>
		<dc:creator>Eric Florack</dc:creator>
		<pubDate>Tue, 26 May 2009 14:13:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050866</guid>
		<description>Yeah... and that &#039;one&#039; seems a bit problematic. While not of the &#039;presithood&#039;, she&#039;s also got all the racial sensitivity of stone wall. Witness Matt&#039;s headline:

&lt;a href=&quot;http://www.nytimes.com/2009/05/15/us/15judge.html?pagewanted=print&quot; rel=&quot;nofollow&quot;&gt;Sotomayor: &#039;I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male&#039;... &lt;/a&gt;

Now, what would be said if say, Roberts ahd said a line like that.... replacing &quot;White male&quot; for &quot;black female&#039;, eh?</description>
		<content:encoded><![CDATA[<p>Yeah... and that 'one' seems a bit problematic. While not of the 'presithood', she's also got all the racial sensitivity of stone wall. Witness Matt's headline:</p>
<p><a href="http://www.nytimes.com/2009/05/15/us/15judge.html?pagewanted=print" rel="nofollow">Sotomayor: 'I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male'... </a></p>
<p>Now, what would be said if say, Roberts ahd said a line like that.... replacing "White male" for "black female', eh?</p>
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		<title>By: Sonia Sotomayor Obama&#8217;s Supreme Court Pick</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050837</link>
		<dc:creator>Sonia Sotomayor Obama&#8217;s Supreme Court Pick</dc:creator>
		<pubDate>Tue, 26 May 2009 13:11:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050837</guid>
		<description>[...] and has an undergraduate degree from Princeton and graduated Yale Law in 1979, thus keeping the streak of private school grads with appellate experience alive.  She would, however, be arguably the first Hispanic Justice.  (Some claim Benjamin [...]</description>
		<content:encoded><![CDATA[<p>[...] and has an undergraduate degree from Princeton and graduated Yale Law in 1979, thus keeping the streak of private school grads with appellate experience alive.  She would, however, be arguably the first Hispanic Justice.  (Some claim Benjamin [...]</p>
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		<title>By: G.A.Phillips</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050829</link>
		<dc:creator>G.A.Phillips</dc:creator>
		<pubDate>Tue, 26 May 2009 12:43:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050829</guid>
		<description>well he picked one.</description>
		<content:encoded><![CDATA[<p>well he picked one.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050825</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Tue, 26 May 2009 12:27:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050825</guid>
		<description>Dave:  I agree that having gotten into Harvard or Yale at age 22 seems to has effectively become a requirement for the Court and that this is too narrow.  But, again, the graduates of these schools are much more likely to get Supreme Court clerkships, prestigious law faculty gigs, U.S. Attorney slots, White House Fellowships, and other gateway assignments.

It&#039;s less true but still incredibly helpful for prestige policy slots, whether we&#039;re talking National Security Council or deputy undersecretary appointments, Hill committee staff, and the like.</description>
		<content:encoded><![CDATA[<p>Dave:  I agree that having gotten into Harvard or Yale at age 22 seems to has effectively become a requirement for the Court and that this is too narrow.  But, again, the graduates of these schools are much more likely to get Supreme Court clerkships, prestigious law faculty gigs, U.S. Attorney slots, White House Fellowships, and other gateway assignments.</p>
<p>It's less true but still incredibly helpful for prestige policy slots, whether we're talking National Security Council or deputy undersecretary appointments, Hill committee staff, and the like.</p>
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		<title>By: G.A.Phillips</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050823</link>
		<dc:creator>G.A.Phillips</dc:creator>
		<pubDate>Tue, 26 May 2009 12:16:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050823</guid>
		<description>you say diversity I say perversity......</description>
		<content:encoded><![CDATA[<p>you say diversity I say perversity......</p>
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		<title>By: Dave Schuler</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_diversity/comment-page-1/#comment-1050820</link>
		<dc:creator>Dave Schuler</dc:creator>
		<pubDate>Tue, 26 May 2009 11:58:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=36554#comment-1050820</guid>
		<description>&lt;blockquote&gt;
More interestingly, none of the current Justices graduated from a public university or law school.  And every single one of them served as U.S. appellate judges first, making this the first Court so comprised.
&lt;/blockquote&gt;
Diversity, shmiversity.  Every recent appointee has been a graduate of Harvard or Yale Law.  It&#039;s not that graduates of Harvard and Yale Law aren&#039;t intelligent people (that&#039;s a subject for another day).  It&#039;s that being that restrictive effectively delegates the chore of narrowing the pool from which Supreme Court Justices are drawn to the admissions departments of two law schools.

There are lots of intelligent people who didn&#039;t get law degrees from Harvard or Yale; there are lots of intelligent people who&#039;ve never been U. S. appellate court judges.  The present standards are pretty darned narrow, unnecessarily so IMO.

I wonder if this isn&#039;t yet another example of the designer jeans phenomenon.  It&#039;s not there aren&#039;t good jeans that aren&#039;t branded.  It&#039;s that the shoppers either don&#039;t have the ability to evaluate what&#039;s good or bad on their own or don&#039;t have the confidence in their ability to evaluate.</description>
		<content:encoded><![CDATA[<blockquote><p>
More interestingly, none of the current Justices graduated from a public university or law school.  And every single one of them served as U.S. appellate judges first, making this the first Court so comprised.
</p></blockquote>
<p>Diversity, shmiversity.  Every recent appointee has been a graduate of Harvard or Yale Law.  It's not that graduates of Harvard and Yale Law aren't intelligent people (that's a subject for another day).  It's that being that restrictive effectively delegates the chore of narrowing the pool from which Supreme Court Justices are drawn to the admissions departments of two law schools.</p>
<p>There are lots of intelligent people who didn't get law degrees from Harvard or Yale; there are lots of intelligent people who've never been U. S. appellate court judges.  The present standards are pretty darned narrow, unnecessarily so IMO.</p>
<p>I wonder if this isn't yet another example of the designer jeans phenomenon.  It's not there aren't good jeans that aren't branded.  It's that the shoppers either don't have the ability to evaluate what's good or bad on their own or don't have the confidence in their ability to evaluate.</p>
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