Tuesday, June 10, 2014

Are SCOTUS Justices Just “Junior Varsity Politicians?”

At a recent dinner at the annual meeting of the American Law Institute, Justice Stephen Breyer acknowledged that many law students think that the Justices fit that description:

[H]e also spoke of an undercurrent of politicization creeping into the system and gumming up the works.

While law schools have changed for the better in one respect—“you find good teachers everywhere,” Breyer noted, not just the top 20 law schools—the biggest problem for “our court,” and for plenty of state courts, is that today's students see judges as wannabe or minor-league politicians, he said.

Fading is the vision of law articulated by Justice Potter Stewart that the mark of a top notch legal opinion is that you can't tell if it was written by a Democrat or a Republican, a man or a woman, Breyer said.

 I doubt that many commentators would agree with Justice Breyer’s civics textbook version of the American Judicial System. 

You can read more here at Bloomberg/U.S. Law Week.

(ljs)

http://lawprofessors.typepad.com/legal_skills/2014/06/are-scotus-justices-just-junior-varsity-politicians.html

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