The Most Academic Supreme Court of All Time. Are we at a “Dangerous Tipping Point”?

October 28th, 2014

During her excellent interview of Justices Thomas, Alito, and Sotomayor, Professor Kate Stith inquired about what she called “the most academic court of all time.”

There are four former professors on the Court–Scalia, Ginsburg, Breyer, and Kagan. By that measure, this is the most academic court of all time. But none of the former professors are Yalies. Are there too many former professors? Are Too many former appeals court juges? Not enough of something else.

Justice Alito deftly dodged the question.

As far as academics go, we are at a dangerous tipping point. They are almost in the majority. Who knows what they will do to us when they are in control. Being a court of appeals judge is perfect preparation for being a Supreme Court Justice.

Justice Thomas payed homage to at least one of the SCOTUS academics:

As far as the makeup of the Court, I don’t feel I am in a better position to say who is qualified. Our colleagues who are academics, who would we replace? I like them all. You don’t have to agree with Justice Ginsburg to know she does fantastic work. When you disagree with her, you know she will force you do to better.