POLARIZATION AT THE SUPREME COURT – AT 8:41 A.M. ET:  The New York Times does a piece of solid, original reporting, seeking to examine the ideological intensity of the Supreme Court by the clerks the justices hire:

WASHINGTON — Each year, 36 young lawyers obtain the most coveted credential in American law: a Supreme Court clerkship. Clerking for a justice is a glittering capstone on a résumé that almost always includes outstanding grades at a top law school, service on a law review and a prestigious clerkship with a federal appeals court judge...

...These days the more conservative justices are much more likely than were their predecessors to hire clerks who worked for judges appointed by Republicans. And the more liberal justices are more likely than in the past to hire from judges appointed by Democrats.

And...

The recent divide in the selection of clerks amplifies the ideological rifts on a polarized court, one political scientists say is the most conservative in recent memory. And it echoes as clerks go on to prominent careers in government, the legal academy and major law firms.

David J. Garrow, a University of Cambridge historian, said the court had in this way started to mimic the political branches of government.

“We are getting a composition of the clerk work force that is getting to be like the House of Representatives,” Professor Garrow said. “Each side is putting forward only ideological purists.”

COMMENT:  Whether we like this trend or not, it shows the importance of taking control of the Senate, which must confirm justices by a simple majority vote.  Given President Obama's appointment, thus far, of two very liberal justices, and the number of 5-4 decisions the Court is making,  it is critical that the Democrats not be permitted to continue their rubber-stamp confirmations.  If Republicans are in control, they can influence the appointment of justices by simply making it clear that they will not confirm another cookie-cutter liberal.

September 7, 2010