Thank you!
Your support is sustaining the future of local news in our communities.

Diversity on the Supreme Court

Diversity came slowly to the Supreme Court. Lyndon Johnson was president when Thurgood Marshall became the first black justice in 1967 and there wasn’t a woman on the court until Ronald Reagan appointed Sandra Day O’Connor 14 years later.

The court hasn’t exactly been a citadel of religious diversity, either. It has had just 11 Catholic justices, five of whom are serving now, and seven Jewish justices, including the two on the court at the present time. Ninety-one justices have been Protestant.

With the resignation of Justice David Souter, President Obama has an opportunity to name the first Hispanic justice or to have more than one black or female justice on the court. Or he can appoint the best person he can find without regard to race or gender and that person could turn out to be a woman, a member of a minority group or even a white man.

    u    u    u

He should avail himself of all these alternatives, but also consider another diversity issue. The Supreme Court has become judge-heavy in recent years. Every judge on the Supreme Court was a judge before he or she joined the court. While this is unquestionably valuable experience, it tends to isolate and deprive jurists of some of the equally valued life experiences outside the judge’s chamber.

Since Richard Nixon chose William Rehnquist, who was an assistant attorney general, every justice — John Paul Stevens, Sandra Day O’Connor, Antonin Scalia, Anthony Kennedy, Souter, Clarence Thomas, Ruth Bader Ginsberg, Stephen Breyer, John Roberts and Samuel Alito — has been elevated to the Supreme Court from the next-highest court, the U.S. Court of Appeals.

Stevens was Gerald Ford’s only nominee; O’Connor, Scalia and Kennedy were appointed by Ronald Reagan. Souter and Thomas were named by the first President Bush and Ginsberg and Breyer were Bill Clinton’s only justices. The second President Bush named the current chief, Roberts, and Alito, and Jimmy Carter had no Supreme Court openings in his one term. Ten justices appointed by five presidents with one thing in common: their previous service on the Court of Appeals.

    u    u    u

It’s almost forgotten that presidents once looked for justices in other places.

Franklin D. Roosevelt picked eight Supreme Court justices, more than any other president, and not one of them had been a federal judge. Hugo Black was a senator from Alabama; Frank Murphy, the mayor of Detroit and governor of Michigan, and James Byrnes, a member of the House and Senate from South Carolina. Robert Jackson was Roosevelt’s attorney general, Willis Reed was solicitor general and William O. Douglas chaired the Securities and Exchange Commission. Two were law professors, Felix Frankfurter from Harvard and Wiley Rutledge, the dean of the University of Iowa Law School.

These Roosevelt justices had a profound impact on American life from the 1930s until Douglas retired in 1975.

Other recent presidents appointed some Appeals Court judges to the Supreme Court but they weren’t afraid to look elsewhere. Johnson’s groundbreaking selection of Marshall elevated a longtime civil rights lawyer who had argued Brown vs. Board of Education before the court for the NAACP, after John Kennedy had appointed him to the Court of Appeals over the fierce objections of southern Democrats. Johnson also named a longtime crony, Abe Fortas, who had been a brilliant defense attorney. John Kennedy’s only appointee was Byron White, who spent most of his career in private practice and was Kennedy’s deputy attorney general before his elevation.

Dwight Eisenhower took a different approach, naming four Appeals Court judges to the Supreme Court and one politician, former California Gov. Earl Warren, while Harry Truman went the political route. He named as justices his attorney general, Tom Clark, and two former Senate colleagues, Sherman Minton and Harold Burton. He also picked a politician as chief justice, Fred Vinson, a onetime House member and secretary of the treasury.

    u    u    u

It may give President Obama some pause that both Presidents Truman and Eisenhower called two of their court appointees the biggest mistakes of their presidencies and both were politicians. For Eisenhower, it was Earl Warren, who turned out to be far more liberal than the Republican moderate Eisenhower expected. Warren, he said, “was the biggest damn-fool mistake I ever made.â€

For Truman, it was his attorney general, Tom Clark, whom he described as “my biggest mistake†before deciding it was necessary to tell a biographer just a bit more.

“It isn’t so much he’s a bad man,†Truman said of Clark. “It’s just that he’s such a dumb son of a bitch.â€

Dick Ahles is a retired journalist. E-mail him at dahles@hotmail.com.

Latest News

Taking a family business sky high

Taking a family business sky high

The Spirit Ballooning crew and passengers on a flight from Great Barrington to Salisbury on July 25 of last year.

Madi Long

While some moonlighters may dread their weekend shifts, local NBT banker Darrel Long looks forward to his early morning side gig, since it involves flying high above the Northwest Corner hills glowing in the sunrise.

Perhaps better referred to as his “dawnlighting” operation, Darrel is the president and founder of North Canaan-based hot air balloon outfit Spirit Ballooning, which has been taking intrepid denizens of the region on daybreak flights across the southern Berkshires since 2009.

Keep ReadingShow less

Brewing community support in Catskill

Brewing community support in Catskill

Max Ocean at the Subversive Taproom in Catskill.

Provided

On the western banks of the Hudson River, the town of Catskill is becoming a beacon of ethnic, religious and generational diversity. Partially fueled by the increased popularity of towns like Hudson and the gentrification that comes with it, residents of all stripes are making their homes in the once underappreciated town.

Among those putting down roots are Max Ocean and Zane Coffey, the founders and brewers at Subversive Malting and Brewing. In 2020, after a few years of searching for a place where they could craft their beers and build community, they landed on a modest lot with an old auto-shop big enough to house their equipment.

Keep ReadingShow less
Theater thrives at The CENTER for Performing Arts

Cast members of “Legally Blonde” rehearse offsite.

Olivia Michaels

For nearly three decades, The CENTER for Performing Arts at Rhinebeck has been a gathering place for actors, audiences and aspiring artists from across the Hudson Valley.

Founded as a nonprofit organization dedicated to making the arts accessible to people of all ages and backgrounds, The CENTER has grown from a summer theater under a tent into a year-round cultural institution. Since opening its permanent home in 1998, the theater has combined professional-quality productions with educational programs, youth performances and community events.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Research and development on the river

Research and development on the river
Research and development on a cold, nasty day on the Beaverkill in New York. The author was particularly pleased his new right hip didn’t present any difficulties.
Gary Dodson

Successful fly-fishing involves research and development.

A few weeks ago, on a chilly, raw morning on a somewhat swollen Beaverkill River in New York, Gary Dodson and I rolled up expecting to have the area to ourselves.

Keep ReadingShow less
The timeless appeal of the American farmhouse

Modern farmhouse designed by Tina Anastasia.

Miki Scarfo
The best farmhouse spaces feel rooted in warmth and history, even when they’re newly built.
— Tina Anastasia

They dot the landscape, standing beside winding country roads and rolling fields, their silhouettes as recognizable as church steeples and old stone walls. For hundreds of years, the American farmhouse has held an important place in the country’s architectural history, especially in New England, where these homes feel deeply connected to the land itself.

Their enduring appeal may have less to do with the trends farmhouse style inspired and more to do with the comfort these homes create. Farmhouses offer a sense of warmth and authenticity, along with a design style that feels approachable rather than forced.

Keep ReadingShow less
Taiga brings Siberian-inspired dining to Hudson

Taiga is located at 119 Warren St. in Hudson.

Provided
We never wanted Taiga to feel like a traditional restaurant. We wanted it to feel emotional, immersive and deeply personal — almost like stepping into another world for a few hours.
Vlad Larvin

Walking into Taiga in Hudson for the first time did not feel like walking into a restaurant — it felt like stepping into a memory. As a Russian immigrant who grew up between cultures, I did not expect to find a place that evokes such a specific emotional response, both familiar and cinematic. Candlelight flickered against dark wood and vintage wallpaper while old Soviet-era music played softly in the background. The scent of herbs, smoke, tea and fresh blini filled the air — at once unfamiliar and deeply nostalgic. It became clear almost immediately why people speak about Taiga as more than simply a place to eat.

What makes Taiga unusual is that the food is only part of the experience. The restaurant was created by Vlad Larvin and his partner, Waldemar Sirko. Larvin, originally from Biysk, a small town in Siberia’s Altai region, worked in photography and fashion design before opening Taiga — fields that continue to shape every part of the restaurant today. Every detail — the lighting, photography, textures, music, pacing of the evening and even the scent in the air — feels intentionally designed to create emotion and atmosphere, not just visual style.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.