This Glenn Reynolds' pamphlet posits that the US is divided into two classes: Front Row Kids and Back Row Kids. The Front Row kids are "mobile, global, and well educated." Back Row kids are more religious, not as well educated, and usually live near where they were born. Those who become judges are almost exclusively Front Row kids and are likely to rule with a Front Row kid bias. He lists a variety of rulings over the decades that have favored Front Row attitudes over Back Row views. He holds that this is a problem.
The Front Row kid bias is a fairly new phenomenon. Justices were once drawn from a variety of sources but now are almost exclusively graduates of Harvard or Yale (Ruth Bader Ginsburg attended Harvard but graduated from Columbia). Hmm, this reminds me of blogs I've written about the Presidency and the Senate. There is entirely too much elitism in the government today. To resolve this problem, Reynolds holds that a wider net should be cast for potential nominees, not just the Ivy Leaguers. Also, the justices should be made to ride the circuit again. At one time, justices would serve on circuit courts between sessions; this would give them a better sense of the rest of the country rather than just the echo chamber of the East Coast Corridor. Another thought is to make the judges an elective office, which would require an amendment. He offers a pair of rulings that would have resulted in a very effective attack ad in an election.
It is a short read and available on Amazon. Recommended.
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