The next president will have the chance to appoint new Supreme Court justices and therefore manipulate the ideological make up of the Court.
This all-important opportunity has been front of mind for many Americans who are trying to decide who to vote for in November.
One expert insider is making headlines with his thoughts on judicial balance, but he isn’t running for president. Writing at Slate, Judge Richard A. Posner points to other problems with the American judicial system, ones that he believes can be traced back to the law school level:
I think law schools should be hiring a higher percentage of lawyers with significant practical experience. I think, for example, of Benjamin Kaplan at Harvard Law School, who went into law-teaching after 14 years in practice. There used to be many like that; there are many fewer now, especially at the leading law schools.
On a different subject, I worry that law professors are too respectful of the Supreme Court, in part perhaps because they don’t want to spoil the chances of their students to obtain Supreme Court clerkships. I think the Supreme Court is at a nadir. The justices are far too uniform in background, and I don’t think there are any real stars among them; the last real star, Robert Jackson, died more than 60 years ago. I regard the posthumous encomia for Scalia as absurd.
Posner also believes that studying the Constitution is a waste of time:
“Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century.”
No doubt many constitutional conservatives would welcome a debate with Judge Posner on that particular statement.