A Supreme Court Justice with no judicial experience?

I;m sure many of you think I am complaining just to complain because it's Obama picking the next Supreme Court Justice, but I think my question is valid here. I'll admit my knowledge of what it takes to be a judges is very limited if existent, after all we all have to start somewhere right? But I know that a position such as Supreme Court Justice is not a job people get just because they are judges or they work in a court environment. This is top notch, head honcho, the dream job to get. Am I wrong in thinking this does not sound right?

I have nothing against Elena Kagan, Obama's possible pick. I don't know the woman, don't have any reasons as this time to dislike her or to be against her nomination; except for her lack of judicial experience as to how I understand what that is.

So why would Obama pick such a person for such an improtant position? What does she think about this? I heard Obama was to talk about why he may pick her. I am very curious to see how he will explain her lack of judicial experience.

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Reply #1 Top

I have nothing against Elena Kagan, Obama's possible pick.
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I do. She fought to keep military recruiters off campus (Harvard I believe) because of the "don't ask don't tell" policy, that her former boss Bill Clinton put in place. I also believe prospective SCJ's should have some experience as a judge.

Reply #2 Top

I do. She fought to keep military recruiters off campus (Harvard I believe) because of the "don't ask don't tell" policy, that her former boss Bill Clinton put in place.
End of quote

I read about that but have not checked on the details.

I also believe prospective SCJ's should have some experience as a judge.
End of quote

That I can agree which is why I question this choice.

Reply #3 Top

Makes me think about Alberto Gonzolez and Harriet Meirs.  Watch the double standards fly.

Reply #4 Top

Not that I want to defend the man and his nominee, but in the interest of fairness, there have been multiple Justices that had no judicial experience, including some in the not so distant past.

A lack of judicial experience isn't necessarily something to be concerned about.  Poor political stances (such as the idea of booting military recruiters from the Harvard campus) would be something to be very concerned about.

In the end none of this will really matter though as she'll likely sail on through with a fairly party line vote.

Reply #5 Top

Poor political stances (such as the idea of booting military recruiters from the Harvard campus)
End of quote

How about exonerating 2 plagiarists while she was dean of the HLS? The truth is just starting to come out.  And I wonder how GLAAD will feel when they read her opinion about Gay marriage.

In the end none of this will really matter though as she'll likely sail on through with a fairly party line vote.
End of quote

Probably right.

Reply #6 Top

Not that I want to defend the man and his nominee, but in the interest of fairness, there have been multiple Justices that had no judicial experience, including some in the not so distant past.
End of quote

Strange cause they said it has been close to 40 years since this happened. I know little about this so I am not sure of these opinions.

Reply #7 Top

In ObamaWorld, having no clue about what you're doing is an asset.  Just look at BO himself.

Reply #8 Top

Lets see if she can get through confirmation without making a total ass of herself.

Reply #9 Top

Strange cause they said it has been close to 40 years since this happened. I know little about this so I am not sure of these opinions.
End of quote

Check out Rehnquist.

The over 40 years ago is the last time that someone that didn't have Judicial experience was nominated, not the last time that someone without judicial experience served.

This one is a case of some folks stirring the pot over something small... possibly just to draw attention away from other more important issues, or possibly because they truly feel it would make a difference, but in reality this isn't really something that most conservatives would want to make an issue of since one of their own didn't have the judicial experience either.  Also, as Dr Guy mentions above, there's another area where the double standard is in play... Bush tried to nominate Harriet Miers (sp?) and was shot down because it was deemed that she wasn't qualified.  Honestly it was probably a very good thing that she was kicked to the curb, but still, the reasons that were given for kicking her to the curb could probably be used against Kagan if someone wanted to be fair.  In the end though the conservatives are not likely going to bring up the same issues with Kagan that were used against Miers because they don't want to be accused of using or abusing the same tactics that were used against one of their nominees.

Reply #10 Top

Not that I want to defend the man and his nominee, but in the interest of fairness, there have been multiple Justices that had no judicial experience, including some in the not so distant past.

A lack of judicial experience isn't necessarily something to be concerned about. Poor political stances (such as the idea of booting military recruiters from the Harvard campus) would be something to be very concerned about.
End of quote

Yes I know, and that is a fair point, but I would still like all Justices have experience on the bench prior to appointment, not just the liberal ones. It gives one an expectation of quality of service IMO. One caveat, this nominee has the least experience, even among those that didn't serve on the bench. We have many examples in government of where inexperience gets us (90% of 2009 and all of 2010), and this one will be in the SC a long time.

Reply #11 Top

In the end though the conservatives are not likely going to bring up the same issues with Kagan that were used against Miers because they don't want to be accused of using or abusing the same tactics that were used against one of their nominees.
End of quote

Wasn't it the conservatives who barbecued Miers?

Reply #12 Top

Quoting ChuckCS, reply 6

Strange cause they said it has been close to 40 years since this happened. I know little about this so I am not sure of these opinions.
End of ChuckCS's quote

For some of us, that is the not so distant past as we remember it first hand! ;)

 

Reply #13 Top

Quoting Anthony, reply 11

In the end though the conservatives are not likely going to bring up the same issues with Kagan that were used against Miers because they don't want to be accused of using or abusing the same tactics that were used against one of their nominees.


Wasn't it the conservatives who barbecued Miers?

End of Anthony's quote

Yes, Harriet Miers lost because she had no support on the right.  Unlike liberals, conservatives do not march in lock step.

Reply #14 Top

How about exonerating 2 plagiarists while she was dean of the HLS? The truth is just starting to come out. And I wonder how GLAAD will feel when they read her opinion about Gay marriage.
End of quote

It's also said she is a self-identified Socialist. So yes, the truth is starting to come out, but does truth matter any more?

 

 

Reply #15 Top

Check out Rehnquist.

The over 40 years ago is the last time that someone that didn't have Judicial experience was nominated, not the last time that someone without judicial experience served.

This one is a case of some folks stirring the pot over something small... possibly just to draw attention away from other more important issues, or possibly because they truly feel it would make a difference, but in reality this isn't really something that most conservatives would want to make an issue of since one of their own didn't have the judicial experience either. Also, as Dr Guy mentions above, there's another area where the double standard is in play... Bush tried to nominate Harriet Miers (sp?) and was shot down because it was deemed that she wasn't qualified. Honestly it was probably a very good thing that she was kicked to the curb, but still, the reasons that were given for kicking her to the curb could probably be used against Kagan if someone wanted to be fair. In the end though the conservatives are not likely going to bring up the same issues with Kagan that were used against Miers because they don't want to be accused of using or abusing the same tactics that were used against one of their nominees.
End of quote

I see what you mean. Makes sense. But like Nitro, I too wish they would pick people who actually have experience for such important positions. I don't think they should do this just because someone else tried before, 2 wrongs dont make a right as we all know.

Reply #16 Top

Let's see, she hates the military.  She believes that anyone (regardless of citizenship status) accused of terrorism shouldn't get trials.  She believes the government should regulate speech that is offensive to people of protected groups....

I don't have anythign against her lack of time on the bench, Supreme Court Justice really isn't that much like courtroom judges anyway. 

The only real qualification I look for is, are they willing to use the US Constituiton as the basis of their decisions.  So far I've only found one justice who seems completely unwilling to do that...

Ruth Buzzie Ginsberg (spit).

Reply #17 Top

She believes that anyone (regardless of citizenship status) accused of terrorism shouldn't get trials.
End of quote

I had not seen or heard about that one.  Not get trials?

Reply #18 Top

Let's see, she hates the military.
End of quote

Ya, Kagan's totally opposed to the "Don't Ask, Don't Tell" policy. Could that be becasue she practices lesbianism? I think so.

As far as pro-life..forget it!

Plus, Kagan is opposed to the Defense of Marriage Act (DOMA).  She is part of the Department of Justice that filed a brief which declared "this Administration does not support DOMA as a matter of policy [and] believes that it is discriminatory."

Putting someone with that much hostility to traditional marriage on the SC is plain stupid.

 

Reply #19 Top

Well Lula, as much as I agree with you, it is Obama doing the nominating.  He has his list of requirements, and Pro Abortion on Demand, Anti DOMA and far left are going to be among them.

Reply #20 Top

it is Obama doing the nominating. He has his list of requirements, and Pro Abortion on Demand, Anti DOMA and far left are going to be among them.
End of quote

GRRRRRR.....

it's not a done deal......yet!

 

Reply #21 Top

OT: Chuck are you inciting violence with your new avatar? :grin:

Reply #22 Top

Quoting Nitro, reply 21
OT: Chuck are you inciting violence with your new avatar?
End of Nitro's quote

OMG!!!!  We have a patriot in our midst! ;)

Reply #23 Top

Quoting Nitro Cruiser, reply 21

OT: Chuck are you inciting violence with your new avatar?

OMG!!!! We have a patriot in our midst!
End of quote

Better watch out....the politically correct "academics" are everywhere!!!  :rolleyes:

Reply #24 Top

Quoting Nitro Cruiser, reply 21 OT: Chuck are you inciting violence with your new avatar? OMG!!!! We have a patriot in our midst! Better watch out....the politically correct "academics" are everywhere!!!
End of quote

Then it seems I am doing a fine job here. I hope the image in my article raises hell, insults a few and "brings about the next apocalypses" (been watching the Mummy Returns one to many times).

:rofl: }:) :O :w00t: :P :rofl: :grin: XD :-"