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Thread: AP source: Obama chooses Kagan for Supreme Court

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    Re: AP source: Obama chooses Kagan for Supreme Court

    Quote Originally Posted by chevydriver1123 View Post
    Why the hell would he pick someone for the Highest Court in the nation that has no experience as a Judge? Ugh, Im pretty sure I know the reason but I would love to to hear it from Obama himself. Hell Sotomayor had a ton of experience (which was one of the few good qualities about her).
    Picking nonjudges for the supreme court used to be pretty common actually.

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    Re: AP source: Obama chooses Kagan for Supreme Court

    Quote Originally Posted by megaprogman View Post
    Picking nonjudges for the supreme court used to be pretty common actually.
    So was public flogging and drowning witches tied to rocks.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: AP source: Obama chooses Kagan for Supreme Court

    Jesus Christ this thread already turned into who can find/create the most direct insult...
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    Re: AP source: Obama chooses Kagan for Supreme Court

    Quote Originally Posted by Ockham View Post
    So was public flogging and drowning witches tied to rocks.
    True, whether or not something happened in the past has no bearing on whether it is a good idea, but I still think it is useful to try and bring in a historical perspective to the debate.

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    Re: AP source: Obama chooses Kagan for Supreme Court

    Quote Originally Posted by megaprogman View Post
    Picking nonjudges for the supreme court used to be pretty common actually.
    Yea but we dont anymore, the last pick was Judge Rehnquist. Im sorry but if for the highest court in the nation you should have judicial experience. This is bull****.
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    Re: AP source: Obama chooses Kagan for Supreme Court

    Quote Originally Posted by Zyphlin View Post
    Which furthers the "Harriet Miers 2" idea

    I'm going to be intrigued by this for no other reason to watch both the left and the right. Many on this board complained about Mier's first and foremost due to her having no experience judging and it basically being a pick seemingly because Bush liked the woman. Others defended it that you don't need to be a judge to be experienced. Though I will say, in the case of Miers, more of the conservatives/republicans on this forum were unhappy with the pick at the time than you would expect with most picks.

    First glance, I'm thinking this is a very poor pick. I'm also thinking it may very well be a "Miers-esque" type of rope-a-dope
    I'm going to stick my neck out and predict this one isn't going to go through.
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    Re: AP source: Obama chooses Kagan for Supreme Court

    Quote Originally Posted by chevydriver1123 View Post
    Yea but we dont anymore, the last pick was Judge Rehnquist. Im sorry but if for the highest court in the nation you should have judicial experience. This is bull****.
    It's worth mentioning that Rhenquist had judicial experience and extensive legal experience (not just Harvard Law Dean). He was an associate Justice between 1971 before becoming Chief Justice.

    Prior to 1971 -

    Quote Originally Posted by About.com
    Rehnquist was affirmed as Associate Justice by a 68-26 Senate vote on October 21, 1971, and as Chief Justice by a 65-33 vote on Sept. 25, 1986
    How is Rhenquist different than Kagan?

    Quote Originally Posted by About.com
    Rehnquist received a B.A., M.A., and L.B. from Stanford University and an M.A. from Harvard University. He served as a law clerk for Justice Robert H. Jackson of the Supreme Court of the United States during the 1951 and 1952 terms, and practiced law in Phoenix, Arizona from 19531969. He served as Assistant Attorney General, Office of Legal Counsel from 19691971. While working for Justice Jackson, Rehnquist wrote a memorandum arguing against the integration of white schools during the Supreme Court's deliberations in the landmark civil rights case of Brown v. Board of Education. Rehnquist has since consistently claimed that the memo was written at the direction of Justice Jackson and expressed Jackson's opinions rather than his own.
    Experience with the law.

    Biography of Chief Justice of the United States William Rehnquist
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: AP source: Obama chooses Kagan for Supreme Court

    Quote Originally Posted by Ockham View Post
    It's worth mentioning that Rhenquist had judicial experience and extensive legal experience (not just Harvard Law Dean). He was an associate Justice between 1971 before becoming Chief Justice.

    Prior to 1971 -



    How is Rhenquist different than Kagan?



    Experience with the law.

    Biography of Chief Justice of the United States William Rehnquist
    Oh I read in Politico that Rehnquist didnt have any prior experience to being Chief Justice. Politico was wrong then.
    Jackboots always come in matched pairs, a left boot and a right boot.

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    Re: AP source: Obama chooses Kagan for Supreme Court

    Quote Originally Posted by chevydriver1123 View Post
    Oh I read in Politico that Rehnquist didnt have any prior experience to being Chief Justice. Politico was wrong then.
    Not uncommon for Politico. Rhenquists biography apparently eluded them.
    I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on whats being proposed here, hed agree with it. He would agree that the First Amendment cannot be absolute. - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: AP source: Obama chooses Kagan for Supreme Court

    Several quick thoughts:

    1. Although Ms. Kagan has not served as a judge (like Ms. Miers, though Ms. Miers also had never argued a case before the Supreme Court and had written very little on the law), it remains to be seen whether Ms. Kagan will suffer from the same kind of inability to address questions/provide answers that plagued Ms. Miers during the "coaching" sessions. In other words, even as she lacks judicial experience, does she possess additional strengths that would allow her to overcome that lack of experience?

    Concern about Ms. Miers' capability to serve on the Supreme Court was shared by liberals and conservatives alike. For example, following her withdrawal from the process, Senator Trent Lott explained, "I just was concerned that she was not strong enough, dynamic enough and had enough experience in the constitutional area to be on the Supreme Court." Some other prominent conservatives e.g., Judge Bork, were much harsher.

    2. Ms. Kagan, if she is appointed, would be replacing a liberal justice. The overall tilt of the Supreme Court would not likely be impacted by her appointment, unless she proves more conservative than expected (sometimes Supreme Court justices turn out differently from what had been expected).

    3. Even without judicial experience, Ms. Kagan has legal experience, including experience in the area of constitutional law, (academically at University of Chicago and Harvard Law School and also as Solicitor General and previously in private practice).

    My initial guess is that some Senators may well seek to delve into an early thesis she had done on the socialist movement in New York City. But ultimately, if she can express her thoughts in a coherent fashion and demonstrate her knowledge of constitutional law, she will be confirmed, especially as her nomination does not alter the Supreme Court's balance so to speak.

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