Chapter 1: Introduction - Chapter 8: Conclusion
Kavanaugh Hearings Context
The lecture covers what happened in between the first round of Kavanaugh hearings and the later rounds (second/ fourth rounds). It’s presented as a compilation of events and sound bites from that period.
The speaker notes a strategic use of sound bites for donor emails, signaling a concern with political optics during hearings.
There is a critique of the process: “Politics” is acknowledged as a backdrop, and the speaker says they are upset about the process, hinting at a broader frustration with how confirmation hearings have evolved.
A broader commentary emerges about the role of the Supreme Court: the Court has increasingly become a substitute arena for political battles, with the speaker noting that the Court has become a battleground for issues that used to be handled in other political branches.
The speaker offers several historical and procedural observations:
113 justices have been confirmed to the Supreme Court up to this point in history.
The first 66 justices were confirmed without a full Senate hearing, and there was a claim that no senator voted against Justice Scalia’s confirmation (illustrative of how confirmations have operated historically).
A central question in hearings is whether a judge will administer the law with equal justice, regardless of neighborhood wealth or status (income, housing, or social standing).
Eminent domain and real-world references surface in a tangential way (e.g., mentions of a “Pink House” and related legal/economic discussions) to illustrate how concepts like equal justice apply to everyday matters.
The discussion also touches on media representations and how contemporary politics frame judicial appointments as much through culture and identity as through legal philosophy.
Justice Jackson: High School Activities
The focus shifts to Justice Jackson (Ketanji Brown Jackson) and her middle/high school extracurriculars as a case study of a future justice’s early development.
Key activities identified:
Chess (Chess team) – highlighted as a non-traditional but telling indicator of strategic thinking.
Gifted program – indicates early academic distinction and access to specialized curricula.
Public speaking – alleged involvement in speech activities; emphasis on the hierarchy of speech events.
Original Oratory – Jackson’s main competitive achievement; awards and trophies in this category.
Dramatic/Humorous Interpretation – part of the public speaking portfolio; not the primary area but part of her versatility.
Debate/speech hierarchy from the speaker’s memory: extemporaneous oratory at the top, Lincoln-Douglas debates, cross-examination, and the bottom tier includes “original oratory” as a distinct, highly prepared speaking category.
Piano – practiced about an hour a day; notes the discipline required and its relevance to a judge’s deliberative temperament.
Student government – elected class president for multiple years (sophomore, junior, senior) depending on school size; suggests leadership and peer recognition.
Swimming – identified as her sport; a non-academic pursuit that demonstrates well-roundedness and time-management.
The speaker contrasts expectations with reality:
It’s common to assume a future Supreme Court justice would be deeply involved in debate or moot court, but Jackson’s profile emphasizes original oratory and musical/artistic pursuits as equally formative.
The discussion of a large vs. small school context questions how impressive certain achievements are depending on school size.
The conversation explores what these activities imply about a future judge:
Original Oratory is not typical for a future judge, but the ability to craft a persuasive, well-prepared argument is valuable for judicial writing and opinions.
The link between legal writing (opinions) and creative/structured speech is drawn as a productive overlap.
The presenter notes that many Supreme Court justices come from non-traditional or non-sport-centered high school backgrounds, and that sports or additional achievements (like being a musician) can vary widely.
Media, Parental Influence, and Representation
A wider discussion emerges about childhood media consumption and parental controls:
The class talks about PBS programming (Sesame Street, Mister Rogers’ Neighborhood) and African American-focused media (Ebony, Essence, Jet), as well as representation in programming like The Jeffersons.
The host notes their own nostalgic exposure to PBS and contrasts it with later media like Ghostbusters and Ninja Turtles.
There is an emphasis on representation and culturally relevant programming for African American families, including preferences for shows that feature Black families and Black characters.
The conversation covers the impact of parental choices on children’s media diets:
Some families require or forbid certain shows; for instance, one family avoided Disney Channel content due to concerns about influence.
Other families balanced religious or conservative constraints with broader media exposure, sometimes revisiting popular media as norms shift (e.g., James Bond after a period of restriction).
A practical reflection on how media consumption shapes attitudes and social development:
The discussion includes the idea that trying to control media in a child’s life is challenging; kids inevitably encounter outside content at school or with friends.
The conversation touches on the idea of “oldest daughter energy” and how parental expectations/behavior may shape leadership tendencies and discipline in adulthood.
Parental approaches vary:
Some parents restrict content to align with family values; others adopt permissive strategies while using dialogue to shape behavior.
The dialogue emphasizes how difficult it is to predict media’s long-term effects on a person’s career or ethics, yet acknowledges the pervasive role of early media exposure in forming perspectives.
The discussion includes anecdotes about personal upbringing and media history (e.g., early exposure to Sesame Street’s African American host, PBS representation, and the evolving media landscape).
Path to the Judiciary: How to Become a Judge
The speaker uses Justice Jackson’s case to illustrate that becoming a judge is not simply a matter of declaring one’s goal:
Most political/judicial jobs are not openly accessible by proclamation; many require nomination, appointment, and political support rather than a direct election for many federal judgeships.
For federal judges, the path typically involves recognition by political actors and the President, making name recognition and connections via senators and party networks important.
The challenges of reaching the federal judiciary:
A person cannot simply say, “I want to be a judge” and then go and do it; there are steps and pathways that depend on the political environment and appointments process.
The President must know your name somehow; typically, this involves building a track record through public service, legal practice, and political engagement.
Senators play a crucial role, as do party dynamics. The process is highly political and requires alignment with party leadership and the incumbent administration when a vacancy arises.
Alternatives and routes within the state system:
It is possible to become a state judge or a county official (e.g., a county judge or alderman), which can raise one’s public profile but still requires campaigning and election mechanics.
There are mechanisms to advance through the state court system or run for local office, but these still require campaigning and public visibility.
The general lesson: the path to a high-level judicial role is complex and non-linear, often requiring a combination of legal excellence, political acumen, and strategic networking.
Supreme Court Administrative Structure
The lecture shifts to the administrative machinery that supports the Supreme Court beyond the justices themselves:
The Marshal of the Court (the “bailiff” in everyday terms, but with broader duties):
Maintains courtroom order and decorum (e.g., dress codes such as hats and swimsuits are restricted).
Keeps time during oral arguments (usually 30 minutes per side).
Oversees support staff and handles payroll and other administrative functions.
Acts as a critical operations hub that keeps the court functioning smoothly behind the scenes.
The Supreme Court Library and its Librarian (often confused with the Library of Congress):
The Supreme Court Library is technically part of the building and serves the justices, law clerks, and congressional staff with legal research support.
It is not publicly accessible in the same way as the Library of Congress; the LOC is a major, public resource with extensive collections.
The Public Information Officer (PIO):
Serves as the court’s liaison to the press; communicates court operation details, deadlines, and procedural information.
It is explicitly not the role of the PIO to explain or discuss specific cases or judges’ opinions.
The Chief Justice as administrative head:
The Chief Justice oversees the administrative functioning of the entire judiciary; all offices (Marshal, Librarian, PIO, etc.) report to him/her.
The Chief Justice’s broader mandate includes ensuring smooth operation across all federal courts, not just the Supreme Court.
The formal staff roles have titles that have evolved (e.g., counselor to the Chief Justice as the administrative assistant), reflecting organizational changes.
The chain of command and organizational context:
Marshals of district courts report up to the Supreme Court Marshal, who in turn reports to the Chief Justice.
Public Information Officers in district/circuit courts, if present, report to the Supreme Court PIO, who reports to the Chief Justice.
The significance of administrative strength:
A well-run administrative structure reduces scandals and dysfunction, enabling the Court to focus on decisions rather than governance issues.
The passage notes that the administrative success of chief justices contributes to a stable judiciary with fewer public controversies about personnel and process.
Workload and Caseload Management
The scope of the Court’s caseload and how it has evolved:
Historically, the Court received about 10,000 petitions per year.
The current volume has decreased to roughly 7,000–8,000 petitions per year, indicating a shift in workload dynamics.
How the Court manages these cases: two broad approaches
Congressional approach (external structural changes):
Creating appellate courts or altering the docket to distribute cases more efficiently.
Giving the Supreme Court more discretion in deciding which cases to hear (certiorari process) to manage the docket.
This approach reflects historical responses to rising volumes in the late 19th century when the workload became unmanageable.
Internal institutional changes (within the Court):
Emphasizes improving the quality of staff, law clerks, and overall internal operations.
Hiring top-tier staff and clerks to improve productivity and decision quality.
The point of these changes is to prevent the justices and staff from becoming overwhelmed and to maintain high-quality jurisprudence.
The class context:
The instructor notes that the chapter’s chart (likely in the textbook) outlines these changes, and emphasizes that the Court has adapted with relatively minor revisions over time, rather than sweeping overhauls.
Miscellaneous Anecdotes and In-Class Discussion
Personal anecdotes and classroom banter appear throughout, illustrating how the material connects to student experiences:
Discussion of Charlie Kirk (a political commentator) being referenced in a joking context via a spouse’s text; illustrates the casual, sometimes irreverent tone of the class and the intersection of media/politics with legal topics.
A running joke about debating and rhetorical quick-thinking, including a playful moment about catching someone off-guard in debate.
The tutor’s reflections on the usefulness (or lack thereof) of certain types of political commentary for legal understanding.
The instructor’s reflections on their own teaching experience with student congress and debate programs provide context for the high school/undergraduate discussion of public speaking and its relevance to law and judicial work.
The closing reminders:
Monday: continue with how the Supreme Court receives cases; almost certainly a segue into the certiorari process and docket management.
Note: No class on Friday of the next week.
Concluding Observations and Takeaways
The administrative health of the Supreme Court is crucial to its ability to function and produce coherent opinions without external disruptions or scandals.
The interface between law, politics, and media is a recurring theme: the way judges are perceived, the role of confirmation hearings, and the influence of public discourse on the judiciary.
Pathways to judicial roles are complex and highly dependent on political structures, network-building, and strategic opportunities, rather than a straightforward “choose and become” path.
Justice Jackson’s high school profile demonstrates that a diverse set of early experiences (arts, leadership, competitive speaking, sports) can contribute to the development of skills relevant to high-level judicial decision-making, including disciplined writing, structured argumentation, and leadership.
The two-pronged approach to caseload management reflects a balance between adapting through structural changes in the broader judiciary and investing in internal excellence to maintain high decision quality.
Finally, the material builds a picture of the Supreme Court as an institution with complex internal machinery designed to ensure fair administration and high-caliber jurisprudence, while remaining deeply embedded in the political and cultural fabric of the United States.