The Obama administration is now considering whom it will nominate to the Supreme Court following the death of Justice Antonin Scalia. Most of the names on the rumored “short list” have familiar resumes: federal judges or prosecutors. This type of professional homogeneity in nominees is now the norm in contemporary selections for the Court and the phenomenon was bemoaned by Justice Scalia himself, dissenting in Obergefell.
Winston Williams is a Lieutenant Colonel in the United States Army. He is an Assistant Professor in the Department of Law at the United States Military Academy, West Point, New York ([email protected]). The views expressed here are his personal views and do not necessarily reflect those of the Department of Defense, the United States Army, the United States Military Academy, or any other department or agency of the United States Government. The analysis presented here stems from his academic research of publicly available sources, not from protected operational information.
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