The Credentialed Court

December 13, 2021
In this spirited call for reforming the Supreme Court, University of Tennessee law professor Barton (Glass Half Full) contrasts the “radical similarity” of the current justices with the diverse life experiences of their predecessors. Though the court has more women and people of color than ever before, Barton notes, the justices’ résumés have many overlaps: eight out of nine graduated from Harvard or Yale law school, six served as Supreme Court law clerks, and three served on the D.C. Circuit court of appeals. As a result, Barton argues, the court is packed with “type-A overachievers” who specialize in “highly technical legal reasoning” but lack in “practical wisdom.” Contending that this situation contributes to convoluted decisions and “rancor,” Barton profiles justices who embodied an alternative model, including John Marshall (1755–1835), “an entrepreneur, a land speculator, and a hustler” who served as secretary of state before his appointment, and Thurgood Marshall (1908–1933), who built a successful solo law practice in Depression-era Baltimore before leading the NAACP’s campaign against racial segregation. Though Barton makes a convincing case that the court could benefit from a broader range of professional backgrounds, he doesn’t set out a clear path for making this happen. Still, readers will appreciate this fresh angle on the court’s dysfunctions.