There’s too much at stake in today’s omni-powerful Supreme Court to let resumés be the gateway to a lifetime appointment. The narrow emphasis on “qualifications” has led to the domination of a cramped, elite clique from Harvard and Yale – eight of the nine went to the two Ivy Leaguers. This alone is immensely troubling. The Court has garnered unto itself too much power to allow only two insular academic monasteries to potentially take away our property and ruin our public spaces with needles, feces, and violence.
Today, Sen. Collins announced her support for Ketanji Brown Jackson (KBJ), the possible latest addition to the ever-growing Harvard faction on the Court. Here’s the mental trap of Sen. Collins and many others in the Senate who have embraced a rationale that results in the monopoly status of the two east coast campuses, in her own words:
“In my view, the role under the Constitution assigned to the Senate is to look at the credentials, experience and qualifications of the nominee. It is not to assess whether a nominee reflects the individual ideology of a senator or would vote exactly as an individual senator would want.”
Ever since the American Bar Association (ABA) was given a back channel in approving Court nominees (since the 1940s or 50s), a few ideological zealots of the kind that spill out onto our streets as raging mobs and into comfortable socio-political sinecures get the power to dictate to us who shares a locker room with our daughter, so long as they show the “prestige” of an Ivy League pedigree. Wallowing in the exclusive socio-political world of the Acela corridor is no longer considered a weakness but a strength for a majority in the Senate and the cadre running the ABA show.
Au contraire, Sen. Collins, ideology now matters a great deal. The battle lines are between originalists and the Living Constitution devotees. Making the Constitution a living thing means a form of interpretive evolution defined by the Left, the ethos of our campuses. A living Constitution is an anti-Constitution, no need for amendments, a legislature, or executive action – you know, the popular sovereignty arenas. KBJ is fully marinated in this anti-law version of law.
Don’t blame me for the oxymoron. Ideological acolytes like KBJ actively try to press it on us.
For the citizenry, we are reduced to quietly waiting for another ruling to stretch “equal protection” to cover who shares a school’s bathroom with our young daughters.
It’s gotten that bad. If the NCAA can betray our daughters, so can the courts. Both of them are a reflection of the college campus, and increasingly only two of them.
Please watch the CSPAN interview of Benjamin Barton, author of The Credentialed Court (click on the image). He adds the concern about an expertocratic groupthink on the most undemocratic, authoritarian branch in our government. In the program, watch for the near-uniform experience of having lived and worked as an adult almost exclusively in the geographic isolation of Washington, D.C., on today’s Court. For a lighter note of real diversity of experience on an earlier Court, listen for the description of Justice Byron White (JFK appointee). Fascinating, absolutely fascinating.
But let’s not forget, diversity of life experience as advocated by Professor Barton is secondary to ideology since one of the philosophical contenders, the living constitution, is such a grave threat to our way of life.
RogerG