Nowhere in the Constitution does it say that members of the Supreme Court must be lawyers. But a long line of activist presidents – both Democrats and Republicans – have altered the original intent of the Framers so that a degree from an Eastern elitist law school is now almost a constitutional necessity. If Elena Kagan (Harvard Law '86) is confirmed for the Court, all nine justices would have received their legal training at Harvard or Yale.
This is one of those moments when you sense that American democracy is more of a rigged game than they taught you back in high school civics classes. Few object to a meritocracy in which people, regardless of family backgrounds, are judged by what they have accomplished in life. But should that binding decision have been made by the admissions committees at two law schools when the applicants were still in their early 20s?
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If Kagan is confirmed, all 9 justices will be from Harvard or Yale
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