View Poll Results: Should Supreme Court Justices have had experience as judges?

Voters
80. You may not vote on this poll
  • Absolutely!

    39 48.75%
  • Doesn't matter if they were judges or not.

    36 45.00%
  • Not sure

    5 6.25%
Page 12 of 18 FirstFirst ... 21011121314 ... LastLast
Results 111 to 120 of 171

Thread: Should Supreme Court justices have had experience being a judge at some point?

  1. #111
    Sage
    Dezaad's Avatar
    Join Date
    Feb 2005
    Last Seen
    06-28-15 @ 10:43 AM
    Gender
    Lean
    Very Liberal
    Posts
    5,058
    Blog Entries
    1

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Ockham View Post
    That might make sense if my opinion could effect the outcome of the judges but since it does not, and you know that, you're little point about him being more qualified is irrelevant. His opinion is equal to mine as Scalia's opinion cannot effect the make up of the court any more than my opinion can.
    Anyone who thinks that the reason we're posting to this forum is to have a significant impact on the political processes in this country should just shut up now.
    Do you have any point to make that would be at all relevant?
    Do you?

    Why would I need one?
    I don't know, maybe because you're on a political discussion forum.

    Why not ask the question... why hasn't a non-judge been appointed for almost 40 years?
    Given the illustrious history of non-Judges on the SCOTUS, I can't see any good reason, though I can see a few possible political ones.

    Scalia, on the other hand seems to think as I do. I think a better question to ask is why he feels that way. Why would he hold that a diversity of backgrounds is more important than conformity (of backgrounds)? Does he believe that such diversity brings a certain balance of perspectives to the highest court in the land?
    You can never be safe from a government that can keep you completely safe from each other and the world. You must choose.

  2. #112
    Liberal Fascist For Life!


    Redress's Avatar
    Join Date
    Mar 2008
    Location
    Georgia
    Last Seen
    Today @ 09:12 PM
    Lean
    Very Liberal
    Posts
    93,341
    Blog Entries
    2

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by TOJ View Post
    You dismiss everyone that thinks USASC candidates should have some experience as doing it for purely partisian reasons.

    Apparently you have nothing to offer beyond STUPID, childish, personal insults to those that think a candidate should have some experience. Not surprising though.


    .
    All you managed was to insult a state, and then you complain about some one else not offering enough?
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

  3. #113
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Ockham View Post
    Yes, history has shown others with no bench experience have fulfilled the position of justice well - I still don't agree with it, regardless of political affiliation,
    Why don't you agree with it if you acknowledge that history has shown there is no relationship between bench experience and the effectiveness of the justice? What's the purpose of limiting ourselves to candidates with bench experience, if it has no bearing on their performance either way?
    Last edited by Kandahar; 05-11-10 at 03:36 PM.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

  4. #114
    Professor
    Groucho's Avatar
    Join Date
    Dec 2009
    Location
    Pocono Mountains, PA
    Last Seen
    05-24-11 @ 03:37 PM
    Gender
    Lean
    Liberal
    Posts
    1,363

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Personally, I'd rather have someone who graduated from the top of one of the best law schools in the country and then became DEAN of that same top law school in the country and who has argued before the Supreme Court...

    ...than someone who graduated from No Name Law School and through connections got appointed to some judgeship somewhere and has done nothing extraordinary.

    Not to say those are our choices! My point is merely that experience wearing a robe is not always the most important thing to look at.

  5. #115
    Girthless
    RightinNYC's Avatar
    Join Date
    Mar 2005
    Location
    New York, NY
    Last Seen
    01-23-11 @ 11:56 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    25,894

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Kandahar View Post
    Prestige and experience are two different things. Why should it matter how prestigious someone's background is when considering them for a Supreme Court appointment? What do you mean by "prestige," and is there a correlation between their prestige and their effectiveness on the court?
    I'm using prestige as a proxy for both quality and experience. Back in the 1800s and early 1900s, the lower federal courts were generally crappy and didn't do all that much. Many of the best legal minds went into politics, and for many of those that stayed within the court system, they gained a relatively small amount of experience. As a result, when the president was looking for new Justices, many of the best candidates came from outside the court system.

    Nowadays, the lower federal courts are far more important and are generally among the highest positions that lawyers will aspire to. As a result, a larger portion of the best legal minds go to the court system, and those that are there gain highly relevant experience. Accordingly, they're now a far more common source of SC justices than they were in the past.

    Again, I'm not saying that it's impossible (or even unlikely) to be able to find someone outside the judiciary who has the requisite background to sit on the court. I already said that I think Kagan qualifies. My point is that there is a very good reason why almost all Justices come from the court system nowadays, despite that not always being the case.

    Quote Originally Posted by The Uncola View Post
    About 1/3 of all SC Justices have not had any previous experience as judges.

    Simply put, this is a non-issue brought up by those who's real problem is that President Barack Obama nominated this person and nothing more. Pure, partisan crap.
    Quote Originally Posted by FilmFestGuy View Post
    One needn't be a judge to know the Constitution. Simple as that. There have been many Justices who weren't judges. 41 in fact. This is nothing new.
    So is this the new mantra? Again, please reread the thread where we've discussed why its absolutely useless to cite old figures as proof of current practice.

    I'd bet that if you go back to pre-history, 95% of great world leaders never graduated high school. Does that mean that if a high school dropout were to run for president today, we could just say "Oh, well 95% of other leaders never graduated either, so it's okay"? Of course not, because it's foolish to use outdated statistics to draw conclusions about modern practice.

    Quote Originally Posted by FilmFestGuy View Post
    Now, you need to demonstrate that knowledge. And considering that Kagan is one of the most respected Constitutional scholars in the country, I think she's done a pretty damn fine job of demonstrating it.

    Maybe you don't like some of her views, but she's probably the smartest Constitutional mind in America.


    Where are you people getting this ****? Again, Kagan is quite smart, but she is in no way "the smartest Constitutional mind in America." Con law isn't even her field of expertise.

    When you make up things like this in order to make her sound better, you're just taking away from her actual accomplishments.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  6. #116
    Noblesse oblige
    Ockham's Avatar
    Join Date
    Oct 2009
    Location
    New Jersey
    Last Seen
    01-27-17 @ 07:23 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    23,909
    Blog Entries
    4

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Dezaad View Post
    Anyone who thinks that the reason we're posting to this forum is to have a significant impact on the political processes in this country should just shut up now.
    Then you're comment about Scalia's opinion being more qualified? Still irrelevant.

    Quote Originally Posted by Dezaad View Post
    Do you?
    Presidential appointments for the SCOTUS should have 1 to 2+ years on the bench prior to their appointment.

    Quote Originally Posted by Dezaad View Post
    I don't know, maybe because you're on a political discussion forum.
    My original point stands. You've made no resonable or substantiated argument to refute it. Hence the lack to needing an additional or new one.

    Quote Originally Posted by Dezaad View Post
    Given the illustrious history of non-Judges on the SCOTUS, I can't see any good reason, though I can see a few possible political ones.
    Given the last 40 years of that illustrious history and lacking unqualified appointees... but you don't seem to want to discuss that part.

    Quote Originally Posted by Dezaad View Post
    Scalia, on the other hand seems to think as I do. I think a better question to ask is why he feels that way.
    Why don't you write him a nice letter and ask him? As for me, I prefer law and judges to use facts, not emotions.
    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.


  7. #117
    Noblesse oblige
    Ockham's Avatar
    Join Date
    Oct 2009
    Location
    New Jersey
    Last Seen
    01-27-17 @ 07:23 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    23,909
    Blog Entries
    4

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Kandahar View Post
    Why don't you agree with it if you acknowledge that history has shown there is no relationship between bench experience and the effectiveness of the justice? What's the purpose of limiting ourselves to candidates with bench experience, if it has no bearing on their performance either way?
    I never agreed nor acknowledged... which is probably why I don't agree or acknowledge.
    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.


  8. #118
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Ockham View Post
    I never agreed nor acknowledged... which is probably why I don't agree or acknowledge.
    You said that history has shown that justices without bench experience have turned out to be good justices, but you still don't agree with appointing people without bench experience. My question is why? What exactly is the benefit of bench experience, as it relates to a SCOTUS nominee?
    Last edited by Kandahar; 05-11-10 at 10:46 PM.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

  9. #119
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 09:12 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,735

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Kandahar View Post
    You said that history has shown that justices without bench experience have turned out to be good justices, but you still don't agree with appointing people without bench experience. My question is why? What exactly is the benefit of bench experience, as it relates to a SCOTUS nominee?
    probably to get an idea how she is going to rule on controversial issues.



  10. #120
    Enemy Combatant
    Kandahar's Avatar
    Join Date
    Jul 2005
    Location
    Washington, DC
    Last Seen
    10-15-13 @ 08:47 PM
    Gender
    Lean
    Liberal
    Posts
    20,688

    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by TurtleDude View Post
    probably to get an idea how she is going to rule on controversial issues.
    It's certainly legitimate to try to infer how she might rule on controversial issues, but that's a separate issue from experience. One does not necessarily need to have bench experience to get an idea of one's general legal philosophy. Similarly, bench experience is no guarantee that people know anything about someone's legal philosophy. Think David Souter.
    Are you coming to bed?
    I can't. This is important.
    What?
    Someone is WRONG on the internet! -XKCD

Page 12 of 18 FirstFirst ... 21011121314 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •