Investigating the Overlooked
Start with the shape of the wage premium itself, because it runs in the opposite direction most people would assume. A college degree is not worth a fixed amount that simply gets banked once and forgotten. Research tracking the earnings gap between degree-holders and non-degree-holders finds the premium compounds with time in the workforce: 27 percent at age 25, growing to 60 percent by age 55.[1] The more working years someone has left to apply a credential, the more that credential is actually worth, in real dollars, over a lifetime. A degree is not a one-time unlock. It is closer to an asset that pays a growing dividend for as long as its owner keeps working.
Virginia's Senior Citizens Higher Education Act of 1974 -- covered on this outlet already -- lets any Virginia resident 60 or older audit a course tuition- and fee-free at any public institution in the state, no income limit, no restriction beyond space availability.[2] It is a real, generous, genuinely valuable benefit. It also arrives at the exact point on the wage-premium curve where there is the least runway left to convert a new credential into additional working years, additional earnings, or additional tax revenue. A 60-year-old auditing a class has, on average, a fraction of the working life ahead of them that an 19- or 20-year-old does. The state is not wrong to offer this. But the age it becomes free to offer is not the age where the offer would generate the most total value -- it is close to the opposite.
Total US student loan debt stood at roughly $1.84 trillion in 2025, held by 42.8 million borrowers, with an average undergraduate balance of $29,560.[3] That debt is disproportionately carried by exactly the age group sitting at the low end of the wage-premium curve -- 18-to-24-year-olds just entering a degree, with the most working years still ahead of them to actually collect the return a degree produces. The median bachelor's degree carries a real lifetime value of roughly $306,000, but takes about eleven years of employment just to recoup its cost.[1] A 19-year-old has that full eleven-year runway and decades more beyond it. A 60-year-old auditing a free class, honestly, may not.
This is not really an investment policy at all, even though it looks like one. It is a low-risk gift, and the age it becomes free reveals which one it actually is. A benefit that becomes financially easy for a state to offer specifically once the recipient has aged past most of their remaining earning years is not being priced on expected return -- if it were, the free version would show up decades earlier, when the same dollar of tuition compounds into forty more years of higher earnings and higher tax receipts instead of five or ten. It becomes affordable at 60 precisely because the state's exposure is naturally capped by how much life is left to spend it in. That is not a criticism of offering it -- a real benefit, generously extended, is still a real benefit. It is a description of what actually determines when a society decides something is affordable to give away for free: not when the return would be highest, but when the total remaining cost is lowest.
And the real stakes here were never only dollars. Wages and tax receipts are the part that's easiest to measure, which is exactly why they end up carrying the whole argument by default -- but a forty-year runway doesn't just compound into a bigger paycheck. It's the actual span of time this outlet has spent the whole week documenting as what building anything real requires: Bell Labs' engineered corridor took years to produce a transistor; Verrocchio's workshop took six; a life's worth of formation is what let one person walk into a room at Xerox PARC and see what an entire company standing in the same room for years had missed. None of that runs on a five- or ten-year clock. A person handed this kind of unlock at 19, not 60, doesn't just earn more. They have the actual time available to found something, fix something, build the next room someone else eventually walks into. A person handed it at 60 can absolutely still do real, valuable work with it -- but the specific thing a forty-year runway makes possible, that a five-year one structurally cannot, is a body of work large enough to become a room for someone else.
Law school makes the mechanism concrete rather than abstract. The average law graduate now carries roughly $120,000 in law school debt, and a quarter of graduates carry more than $200,000.[4] Public defender offices, which compete for the same graduates as corporate law firms, offer entry-level salaries as low as $45,000 in cities like Tulsa and Louisville -- against BigLaw entry-level offers of $200,000 or more.[4] Five years in, the gap has widened rather than closed: a median public defender salary of $68,000 against $161,500 for a law firm associate.[4] The American Bar Association surveyed graduates directly and found that 33 percent report taking a job less focused on public interest specifically because of their loan debt.[4] That is not a preference. It is a documented, quantified constraint -- a third of a generation of lawyers choosing against public defense, immigration court, and pro bono work not because they don't want to do it, but because $200,000 in debt makes the choice functionally unavailable. A graduate who starts with no debt at all can make that choice freely. That freedom is not measured in wages at all -- it shows up as who represents the people who cannot pay for representation, and how many of them get represented in the first place.
Law is not just one career path among many that debt happens to constrain. It is the single credential this country's own legislature runs on most heavily: 184 sitting members of Congress hold a law degree, including nearly half the Senate -- 47 of 100 members.[5] Whoever can actually afford to become a lawyer has an outsized chance of becoming whoever writes the laws everyone else lives under. And the pipeline narrows at every stage between the general population and that seat. Roughly 50.5 percent of the US population is female, and 41 percent of all licensed lawyers are, as of 2024 -- already a step down.[6] Congress itself narrows further still: women hold 29.3 percent of House seats and 25 percent of Senate seats in the current Congress.[7] Debt is not the only reason that funnel narrows at each stage. It is a real, documented part of it -- the same $120,000-plus average law school balance that pushes graduates away from public defense also shapes who can afford the years of lower-paid public-facing work that often precedes running for office at all.
The Supreme Court complicates a simple version of this story, and the complication is worth keeping rather than smoothing away. Of the nine current justices, four are women -- Sotomayor, Kagan, Barrett, and Jackson -- close to, though still below, the population's roughly 50.5 percent share.[8] Two are Black, against a national population that is roughly 12.5 percent Black -- an over-representation, not an under-representation. One is Hispanic, against a national population that is roughly 20 percent Hispanic -- an under-representation on that specific axis. And across the Court's entire 230-plus-year history, only six women have ever held a seat on it at all, three of whom are sitting there right now.[8] The Court is appointed, not elected, running through a different selection mechanism than Congress entirely -- which is exactly why its numbers don't move in lockstep with the legislature's. Access to the underlying credential does not guarantee representation anywhere it leads. It is a precondition, not a promise -- necessary for the possibility to exist at all, and nowhere close to sufficient on its own to produce a specific outcome.
The credential itself was never actually required, which makes the bottleneck around it a choice, not a rule. Article III of the Constitution specifies no qualifications at all for a Supreme Court justice -- no age, no citizenship, no legal education, not even membership in the bar.[11] Of the 111 people who have served on the Court, only 46 held a degree from an accredited law school; 47 reached the bench through self-study or apprenticeship instead.[11] James F. Byrnes, appointed in 1941, never finished high school -- he taught himself law and passed the bar at 23.[11] And yet every justice confirmed since Byrnes's own successor has held a law degree, and as of 2026 all nine sitting justices graduated from exactly three schools: Harvard, Yale, or Notre Dame.[11] The framers left the door deliberately open. What actually narrowed it to three law schools was never a rule anyone had to follow -- it was custom, reinforced generation after generation, until it became functionally as rigid as a requirement the Constitution never wrote.
And the narrowing is recent enough that a real near-miss sits within living memory. In 1993, President Clinton offered the seat vacated by retiring Justice Byron White to New York Governor Mario Cuomo -- who had graduated top of his class not from Harvard, Yale, or Notre Dame, but from St. John's University School of Law.[12] Clinton pressed him for an answer by the end of the day on April 7; Cuomo withdrew his name the next morning, citing New York's economic problems and his own preference for staying in electoral politics.[12] The seat went to Ruth Bader Ginsburg instead. A little over three decades ago, someone entirely outside the pipeline that now produces one hundred percent of the sitting Court came close enough to be offered the job directly by name. The gate was never welded shut. It has simply been left to close on its own, one confirmation at a time.
The sharpest available proof of that distinction is not hypothetical -- it is the seat itself. Clarence Thomas was nominated in 1991 specifically to fill the vacancy left by Thurgood Marshall's retirement, and the two are commonly read as close to judicial opposites. Marshall built his career at the NAACP Legal Defense Fund, arguing Brown v. Board of Education before he ever sat on a bench, and wrote from a strong civil-rights, expansive equal-protection tradition for the whole of his tenure. Ketanji Brown Jackson, a former federal public defender, sits philosophically far closer to that tradition than the man who holds Marshall's old seat does. Thomas's own 1991 confirmation was itself one of the most contentious in the Court's history for a specific reason worth naming as its own fact, not a footnote to his: law professor Anita Hill, who had worked for Thomas at the EEOC, testified before the Senate Judiciary Committee that he had sexually harassed her. She did this publicly, under oath, facing a nationally televised hearing and a Senate panel skeptical of her account, with no institutional protection guaranteeing she would be believed or that testifying would cost her nothing. It cost her plenty -- public disbelief, character attacks, and a level of scrutiny most people never face for telling the truth about what happened to them. That is the same mechanism this outlet documented at length earlier this week: exposing something true is never free, and Hill paid a real, personal, immediate version of that cost in front of the entire country. Thomas was confirmed anyway, by a 52-48 vote -- among the narrowest margins for a justice in the twentieth century.[9]
Disclosed directly, not smoothed into false neutrality: this outlet's own author watched that 1991 confirmation and its aftermath as a Black American, and holds Thomas's subsequent record, including what follows, as a genuine disappointment relative to the seat he occupies. That is a stated position, not a hedge, offered so a reader can weigh it accordingly rather than mistake the following paragraph for neutral reporting alone.
What follows is documented fact, separate from that view. Beginning in 2023, ProPublica reporting revealed that Thomas had accepted luxury travel -- private jet flights, international superyacht cruises, roughly a week most summers at a private Adirondacks resort -- from Dallas billionaire Harlan Crow virtually every year for more than two decades, without disclosing it. Crow separately paid private-school tuition for a Thomas relative and, in an undisclosed 2014 transaction, purchased real estate Thomas co-owned.[10] The Ethics in Government Act, passed after Watergate, requires justices to report gifts above a set threshold; legal ethics experts said Thomas's pattern of non-disclosure appeared to violate it.[10] In November 2023, amid the public outcry that followed, the Supreme Court adopted a formal code of conduct for the first time in its 230-plus-year history.[10] That code, notably, carries no enforcement mechanism -- a court that took more than two centuries to write its own ethics rules down did so only after direct public pressure, and even then declined to build in a way to actually enforce them.
Why does this matter? Imagine the identical benefit -- full tuition and fees waived, no cost at all -- handed to a 19-year-old about to start a four-year degree instead of a 60-year-old auditing one class. The same dollar of forgone tuition would have nearly a full career, not a fraction of one, to compound into higher lifetime earnings, more tax revenue, a credential used at full strength rather than at the tail end of a working life -- and, past all of that, into whatever that person actually goes on to build, discover, found, or fix with four more decades to do it in. That version of the policy would cost the state far more up front and be worth far more, to the recipient and to everyone else, over time. It essentially does not exist, at scale, anywhere in the country, the way the senior version does. The senior benefit is real and worth keeping. The absence of its mirror image, aimed at exactly the group with the most years left to make it pay off -- in every sense of the word, not only the fiscal one -- is the actual story. Not because anyone decided young people don't deserve it. Because a policy that costs less to offer will always look more affordable than one that would be worth more, and "worth more" was never only ever going to show up on a balance sheet.
Part of this outlet's ongoing "how government actually works" thread: "Mitch McConnell Blocked a Supreme Court Nominee for 11 Months Because an Election Was Eight Months Away...".