The Credentialed Court: Inside the Cloistered, Elite World of American Justice

The current Supreme Court Justices have a narrower intellectual and experiential diversity than past greats, according to Benjamin Barton, an expert in the history of the Supreme Court. This is due to the Justices spending more time in elite academic settings and as Federal Appellate Court Judges than any previous Court, which has led to a lack of individuals who reflect a different type of "merit." The book argues against our current bookish and narrow version of meritocracy and suggests that healthier societies offer multiple different routes to success.

Format: Hardback
Length: 360 pages
Publication date: 21 April 2022
Publisher: Encounter Books,USA

Benjamin Barton, a renowned expert in the history of the Supreme Court, delves into a compelling comparison between the current Justices of the highest court and their predecessors. Through his insightful book, Barton highlights a notable decline in intellectual and experiential diversity on the modern Supreme Court.

The Credentialed Court, as the book is titled, sets the stage by establishing the striking differences between the current Justices and their predecessors. Barton combines two extensive empirical studies that encompass the backgrounds of every Justice from John Jay to Amy Coney Barrett, along with concise yet informative biographies of past greats. This combination serves to illustrate that today's Justices possess significantly narrower experiences compared to their predecessors.

One notable observation is that the current Justices have spent more time in elite academic settings, both as students and faculty, than any previous Court. Every Justice except Barrett attended either Harvard or Yale Law School, and four of the Justices held tenured professorships at prestigious law schools. Furthermore, they have spent more time serving as Federal Appellate Court Judges than any previous Court. These two positions, as tenured law professors and appellate judges, share two crucial components: both involve lifelong appointments with minimal interaction with the broader public.

In contrast, past Justices had a more diverse range of backgrounds and experiences. They came from various walks of life, including lawyers, politicians, judges, and scholars. This broader diversity of backgrounds contributed to a richer intellectual exchange and a broader perspective on legal issues. The current Supreme Court, on the other hand, appears to be dominated by a specific type of person: type-A overachievers who have excelled in a long and rigorous tournament measuring academic and technical legal excellence.

The book delves into the implications of this lack of diversity on the Supreme Court. Barton argues that the Court desperately needs individuals who represent a different type of "merit," beyond mere academic and technical expertise. He suggests that a broader range of perspectives and experiences would enrich the Court's decision-making process and help it better address the complex challenges of our time.

Furthermore, the book raises concerns about the impact of this narrow intellectual and experiential diversity on the public's trust and confidence in the Court. When the Justices come from a limited pool of individuals who share similar backgrounds and perspectives, it may be harder for the Court to be perceived as impartial and independent. This can lead to a loss of trust and undermine the legitimacy of the Court's rulings.

In conclusion, Benjamin Barton's book provides a thought-provoking exploration of the differences between the current Supreme Court Justices and their predecessors. Through his meticulous research and analysis, Barton highlights the decline in intellectual and experiential diversity on the modern Supreme Court. He calls for a broader range of perspectives and experiences to be represented on the Court, arguing that this would enhance the Court's ability to make informed decisions and serve the interests of the broader public. The book's insights are relevant not only to legal scholars but also to anyone interested in the workings of the highest court in our nation.

Dimension: 228 x 152 (mm)
ISBN-13: 9781641772044