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Thinking creatively about different SCOTUS short lists

By Douglas A. Berman

The holiday times, the end of a notable SCOTUS Term, and this new Findlaw article (titled "What Kind of Justices Might a President Obama Appoint? Senator Obama's Reactions to Recent Supreme Court Decisions Show that the Answer May Not Be Easily Predictable") have me thinking creatively about what a truly "unpredictable" SCOTUS short list might really look like. Consider, for starters, that modern SCOTUS appointments are usually older individuals even though, as detailed here, the "average age of the delegates [at the Constitutional Convention] was 42 and four of the most influential delegates -- Alexander Hamilton, Edmund Randolph, Gouvernor Morris and James Madison -- were in their thirties."   A truly creative SCOTUS short list might include some folks born after the end of the Warren Court...continue to full post

Full post as published by Sentencing Law and Policy on July 04, 2008 (boomark / email).