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

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  • Absolutely!

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

    36 45.00%
  • Not sure

    5 6.25%
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Thread: Should Supreme Court justices have had experience being a judge at some point?

  1. #141
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Cole View Post
    Wasn't aware she was ever voted on back then. Thought the nomination just sort of died on the vine.....

    .
    You may be correct; I just read that she was nominated and was opposed.

  2. #142
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Groucho View Post
    What? huh?

    Since when?
    Since forever? Much of the court's docket deals with arguments over statutory interpretation, not constitutional law.

    Johnson v. United States - ScotusWiki
    Bloate v. United States - ScotusWiki
    Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers - ScotusWiki
    Perdue v. Kenny A. - ScotusWiki.
    Jones v. Harris Associates - ScotusWiki

    More than 1/3 of the first month's cases last term were entirely based on statutes.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  3. #143
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by RightinNYC View Post
    Since forever? Much of the court's docket deals with arguments over statutory interpretation, not constitutional law.

    Johnson v. United States - ScotusWiki
    Bloate v. United States - ScotusWiki
    Union Pacific Railroad Co. v. Brotherhood of Locomotive Engineers - ScotusWiki
    Perdue v. Kenny A. - ScotusWiki.
    Jones v. Harris Associates - ScotusWiki

    More than 1/3 of the first month's cases last term were entirely based on statutes.
    yes, I agree -- 1/3.

    You said "a huge portion".

    I guess I just don't consider 33% a "huge portion". I interpreted your comment to mean a vast majority.

  4. #144
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by Groucho View Post
    yes, I agree -- 1/3.

    You said "a huge portion".

    I guess I just don't consider 33% a "huge portion". I interpreted your comment to mean a vast majority.
    If I had intended to say majority, I would have said that instead of portion.

    It was 1/3 in that particular month, not across the board. In fact, although the numbers are a bit dated, one study concluded that only 44% of cases on the court's docket primarily involved issues of Constitutional law.

    More recently, Linda Greenhouse had this to say:

    http://www.nytimes.com/2007/05/28/us/28scotus.html

    More than half the cases the court agrees to hear are not constitutional, but statutory, presenting questions much like the one posed by Hackworth v. Progressive Casualty Insurance Company, No. 06-1300. To whom does a statute apply? Precisely what behavior does it prohibit? How does it fit with another law on the books that seems to suggest something quite different?

    ...

    The 73 cases the court selected for argument during the current term included 41 statutory cases, 27 that raised chiefly constitutional issues and 5 other kinds that raised issues of retroactivity and jurisdiction. (These calculations are subject to interpretation; at the margins, the categories can easily overlap, as when the court is asked to interpret a statute in such a way as to avoid a potential constitutional problem.)
    So yes, I think "huge portion" was entirely appropriate.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  5. #145
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Perhaps if this bozo, Kagan, had been a judge at some point, she probably wouldn't have tried to punish the military and military recruiters for Clinton's policy on don't ask don't tell by attempting to ban them from the Harvard campus. The military has very little influence on policies like these which are imposed by the political establishment. She should have banned Clinton! If she'd have been a judge maybe she would be able to identify the perpetrator.
    I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.--Thomas Jefferson

  6. #146
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by RightinNYC View Post
    So yes, I think "huge portion" was entirely appropriate.
    OK then we're just disagreeing about terminology.

  7. #147
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by LowRevs View Post
    Perhaps if this bozo, Kagan, had been a judge at some point, she probably wouldn't have tried to punish the military and military recruiters for Clinton's policy on don't ask don't tell by attempting to ban them from the Harvard campus. The military has very little influence on policies like these which are imposed by the political establishment. She should have banned Clinton! If she'd have been a judge maybe she would be able to identify the perpetrator.
    How can you call that punishing? Now, a weapon of mass destruction, that's punishing.

  8. #148
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    I am against Kagan because she is catholic. If she is confirmed we will have 6 catholic supremes. This scares me.

  9. #149
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by LiberalAvenger View Post
    I am against Kagan because she is catholic. If she is confirmed we will have 6 catholic supremes. This scares me.
    If you're going to oppose someone based on entirely irrational religious bigotry, at least try to get the religion right. She's Jewish, not Catholic.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

  10. #150
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    Re: Should Supreme Court justices have had experience being a judge at some point?

    Quote Originally Posted by LiberalAvenger View Post
    I am against Kagan because she is catholic. If she is confirmed we will have 6 catholic supremes. This scares me.

    Whew! Good thing she's Jewish then.

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