The Homogeneous Federal Bench

The Homogeneous Federal Bench

Upon reading this editorial, I was startled to learn of recent presidential appointments to several high courts here in America. These appointments appear to come in response to the realization of the high Federal courts being generally crusty white men. This issue can be viewed from different fronts. To one side you can see people arguing that a "homogenized" bench, especially in the Supreme Court, could lead to decisions being lopsided and following the viewpoints of one particular group. This also rears it's head through veins of law that these judges are pooled from. The diversity necessary to form vivid, thought-provoking arguments comes from judges being from various background both in the law world and in socioeconomic terms.

On the flip side, forcing the appointment of minority or female judges who aren't as qualified as their older white male opponents, could prove to have an extremely negative impact. An example of this is provided by the author, in the form of Ruth Bader Ginsburg. While she may have been qualified at her time of appointment, her women's lib, feminist and A.C.L.U. connection skews her views. This, in turn, could and through her own admission disqualify her from making unbiased and constitutionally straight forward decisions. Obama has nominated 85% corporate lawyers or prosecutors. This overwhelmingly skewed number could have a negative impact on fair decision making by leaving out key demographics and various experience backgrounds. Republicans tend to side with nominees who are business friendly and hard on criminals. 

I would align myself with that mindset, business friendly and hard on criminals that is. I believe in a small, but strong central government, whether that be judicial, legislative or executive branch. Though, while speaking directly on the judicial branch, it is beneficial in my eyes, to have a well balanced bench. In the same breath, I realize that it may be difficult to accomplish this, being that judges are appointed in different intervals. Through that logic, it would be difficult to ever have a true balance on any particular bench. 

I believe the intended audience for the author of this article is a forty-something, business professional. Having a long history of credibility and adequate writing, The New York Times Editorial Board is a collection of 19 authors. It is my belief that the arguments put forth by this collection of writers are well founded and backed up by statistics and research.