I wonder if there's just a sense that we have nothing to learn from any Supreme Court justice, including the great Chief Justice John Marshall.
Over the past few years, the Supreme Court was six times more likely to accept cases from an elite group of 66 lawyers than it was from more than 99 percent of those who petitioned the court. That's the finding of a recent Reuters special report called "The Echo Chamber." It illustrates how almost half the appeals accepted by the court over a nine-year period came from this cadre of elite lawyers--many of whom have personal connections to the nine justices.
I think men get nervous when women start counting the number of female senators, and whites become edgy when they hear the next Supreme Court seat will probably go to a Latino. This isn't always because they object to sharing the spoils, by the way; it just reminds us that the melting pot may not be working, and we haven't yet achieved the ambiguous national dream of becoming a nation of indistinguishable beige atheists.
Judge [Gonzalo] Curiel has not said anything, and in fact, cannot say anything. But I would even broaden it out to, you know, judges who are victims of attack ads in say state Supreme Court elections can't talk back. Judges are really barred from commenting on this kind of huge public hue and cry.
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