The Judiciary's Class War

Description

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.

Glenn Harlan Reynolds is the Beauchamp Brogan Distinguished Professor of Law at the University of Tennessee. He blogs at InstaPundit.com and writes for such publications as The Atlantic, Forbes, Popular Mechanics, The Wall Street Journal, and the Washington Examiner. He lives in Knoxville, Tennessee.