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    The Judiciary's Class War
    The Judiciary's Class War
    The Judiciary's Class War
    Ebook37 pages35 minutes

    The Judiciary's Class War

    By Glenn Harlan Reynolds

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    The terms “Front-Row Kids” and “Back-Row Kids,” coined by the photographer Chris Arnade, describe the divide between the educated upper middle class, who are staying ahead in today’s economy, and the less educated working class, who are doing poorly. The differences in education—and the values associated with elite schooling—have produced a divide in America that is on a par with that of race.

    The judiciary, requiring a postgraduate degree, is the one branch of government that is reserved for the Front-Row Kids. Correspondingly, since the Warren era, the Supreme Court has basically served as an engine for vindicating Front-Row preferences, from allowing birth control and abortion, to marginalizing religion in the public space, to legislative apportionment and libel law, and beyond. Professor Glenn Reynolds describes this problem in detail and offers some suggestions for making things better.
    LanguageEnglish
    PublisherEncounter Books
    Release dateFeb 13, 2018
    ISBN9781641770026
    The Judiciary's Class War
    Author

    Glenn Harlan Reynolds

    Glenn Reynolds is the Beauchamp Brogan Distinguished Professor of Law at the University of Tennessee. He has written numerous books and articles on space law and policy, and has served as Executive Vice President of the National Space Society, and on a White House advisory committee on space policy.

    Read more from Glenn Harlan Reynolds

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      Book preview

      The Judiciary's Class War - Glenn Harlan Reynolds

      ENCOUNTER BROADSIDES

      Inaugurated in the fall of 2009, Encounter Broadsides are a series of timely pamphlets and e-books from Encounter Books. Uniting an 18th century sense of public urgency and rhetorical wit (think The Federalist Papers, Common Sense) with 21st century technology and channels of distribution, Encounter Broadsides offer indispensable ammunition for intelligent debate on the critical issues of our time. Written with passion by some of our most authoritative authors, Encounter Broadsides make the case for ordered liberty and the institutions of democratic capitalism at a time when they are under siege from the resurgence of collectivist sentiment. Read them in a sitting and come away knowing the best we can hope for and the worst we must fear.

      Table of Contents

      Cover

      America’s New Class Division

      Our Front Row Judiciary

      The Elite of the Elite

      Front Row Opinions

      Bringing Diversity to the Judiciary

      A Supreme Court That Looks Like America

      Copyright

      IN THE WAKE of the 2016 presidential election, we heard a lot about America’s division into two mutually hostile camps: a largely coastal, urban party run by educated elites and a largely rural and suburban flyover country party composed of people who did not attend elite schools and who do not see themselves as dependent on those who did. This divide is more fundamental than mere partisan identification, as there are Democrats and Republicans in both groups.

      One of the best formulations of this division comes from photographer Chris Arnade, who has spent years documenting the lives of America’s forgotten classes. In his characterization, America is split between the Front-Row Kids, who did well in school, moved into managerial or financial or political jobs, and see themselves as the natural rulers of their fellow citizens, and the Back-Row Kids, who placed less emphasis on school, and who resent the pretensions, and bossiness, of the Front-Row Kids.

      I don’t want to rehash all the postelection discussion on America’s class divide, but while teaching constitutional law after the election, something occurred to me: While the Back-Row Kids can elect whomever they want as their president, senators, or representatives, there is one branch of the federal

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