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Commentary by Barbara A. Perry

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June 5, 2009

Supremely Representative: Should the Nation's Highest Court Look Like America? By Barbara A. Perry

The U.S. Constitution is utterly silent on qualifications for members of the federal judiciary. Theoretically, a justice does not even have to be a lawyer, but, in practice, all 110 justices in the Supreme Court's 220-year history have been attorneys. With no constitutionally mandated selection criteria, presidents have been free to determine the standards by which they choose nominees. Professor Henry Abraham, the nation's leading Supreme Court expert, has identified four primary selection criteria that presidents have used in the appointment process: 1) merit, 2) ideology, 3) friendship, and 4) representation.