Diversity and inclusion is a hallmark goal of the government and business community. Our Supreme Court is not as diverse as other institutions.
All eight judges are graduates from Ivy League law schools: Harvard, Yale, and Princeton.
Over 45% of the US claims to be Protestants, 23% are Roman Catholic, and 2% are Jewish. The Supreme Court makeup comprises five Roman Catholics, 3 Jews, and 0 Protestants. John Paul Stevens retirement in 2010 completed the last term of a Protestant.
|% of US Population||% of Supreme Court|
Note: The nominee to replace Antonin Scalia is Merrick Garland, a Harvard graduate of the Jewish faith.
The quote above is from Supreme Court justice, William O. Douglas. Since all of the judges come from Ivy League schools, where liberalism dominates, then most graduate with a liberal mindset. Criminal law interpretation is clear-cut, whereas Constitutional law interpretation is softer. Not because Constitutional law is unclear, but because progressive judges believe in a living constitution. This is a fluid interpretation based on social norms, political climate, what the judge thinks “should” be right, and extra-constitutional sources. I believe that Justice Douglas is correct when he states that 90% of a Supreme Court decision is emotional and that the other 10% is justifying why the emotional choice is right.
Liberal Mindset + Emotional Decision + Living Constitution = Unconstitutional Conclusion
Conservative judges are not taught to be conservative in most law schools. Therefore, a judge becomes a conservative by choice and convictions.