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Zachary Shemtob

Selected Works

2012

Jurisprudence

Articles 1 - 2 of 2

Full-Text Articles in Law

The Catholic And Jewish Court: Explaining The Absence Of Protestants On The Nation's Highest Judicial Body, Zachary Baron Shemtob Jan 2012

The Catholic And Jewish Court: Explaining The Absence Of Protestants On The Nation's Highest Judicial Body, Zachary Baron Shemtob

Zachary Shemtob

Following the 2006 retirement of Sandra Day O’Connor and the confirmation of Samuel Alito to succeed her, Roman Catholics formed a majority on the United States Supreme Court for the first time in this institution’s 210-year history. This Catholic majority was further strengthened by the appointment of Sonia Sotomayor in 2009. By the time of Elena Kagan’s first case in October of 2010, not a single Protestant sat on the nation’s highest judicial body.

By way of comparison, in 1960 the Court consisted of seven Protestants, one Catholic and one Jew; in 1985, eight Protestants and one Catholic sat on …


The Vinson Court And The Idol Of Restraint, Zachary Baron Shemtob Jan 2012

The Vinson Court And The Idol Of Restraint, Zachary Baron Shemtob

Zachary Shemtob

Few judicial attributes elicit greater praise than self-restraint. Yet the most restrained court of the twentieth century, that of Chief Justice Frederick M. Vinson, is generally considered a failure. This paper first analyzes the Vinson Court’s adherence to restraint. I then argue why this judicial philosophy is largely responsible for this Court’s poor legacy. I conclude by considering what this says about the nature of judicial restraint itself.