Obama to nominate Kagan to Supreme Court

[CountVolcula]

The following comment has nothing to do with politics and nothing to do with Kagan:

A person going to sit on a state appellate panel definitely needs trial lawyer or trial judge experience. This is because the vast majority of issues raised on appeal to state appellate courts are claims that a trial judge ruled incorrectly in the midst of one.

At the federal level, this is less important because the standard of reviewing similar in-trial decisions by federal judges is so much higher, meaning that they are rarely second guessed by federal appellate judges.

And that is even more so the case with the Supreme Court. A tiny, tiny, tiny fraction of their cases have anything to do with claims of error at trial. It is almost all interpreting federal statutes, international agreements, and the Constitution.

The value to having been a trial lawyer or having been a judge is really not nearly as high for SCOTUS as it is for everyother level.

Having said that, I do wish that somewhere down the line we'd get some folks up there with day-to-day law office and practice management experience. You see things a whole lot different when you have to juggle your client's interests and getting constantly attacked and criticized by judges and opposing lawyers.

The system is way broken right now. How the interpretations of the law interrelate to that depends on the subject. Just saying that the folks we see getting put up there lately do not have an appreciation for that, except in theory, and that's just not the same.

Well said! I totally agree

 

[droski]

Kagan's Hidden, But Obvious, Agenda - IBD - Investors.com

 

[gsvol]

While I agree with you that it might be a good idea for nominees to have some judicial experience, we have to go with whats in the Constitution.

You think pro abortion rights, pro lesbian/gay/transgenered rights advocate is going to follow the constitution??

Kagan clerked for U.S. Supreme Court Justice Thurgood Marshall, whom she now identifies as her hero.

Kagan's understanding of the Supreme Court's role mirrors that of Thurgood Marshall. In one of her legal writings, Kagan cited Marshall's assertion that the Constitution, “as originally drafted and conceived,” was “defective.”

Kagan has also quoted Justice Marshall saying that the Supreme Court's mission is to “show a special solicitude for the despised and the disadvantaged.”

Kagan filed an amicus brief urging the Supreme Court to declare the Solomon Amendment unconstitutional. The Court, however, unanimously rejected Kagan’s position.

(got to be off the scale leftist to have a brief unanimously rejected)

During her tenure as dean at Harvard Law, Kagan penned a letter urging the Senate not to adopt an amendment that would have protected the White House from lawsuits filed by foreign terrorists charging that their "constitutional rights" had been violated by American law-enforcement and intelligence authorities.

(when did foreign terrorists first receive 'constitutional rights'?)

I don't know about having to have prior executive experience but I would like them to have more experience than just being a community organizer.

:lolabove: Ya think?

Group photo of the top level of the obambi administration.

 

[lawgator1]

Plus she's obv gay. I mean, look at her.

 

[MG1968]

Plus she's obv gay. I mean, look at her.

don't you think it's a little bit odd how quickly the White House came out with statements saying that she isn't? I don't care one way or the other, but the WH rumor control system was a little too quick to try to dispel the rumor.

 

[BigPapaVol]

Plus she's obv gay. I mean, look at her.

Ever hang out with the lesbian lot at NE schools?

 

[lawgator1]

Ever hang out with the lesbian lot at NE schools?

I only hang out with the lipstick lesbian crews.

 

[droski]

I only hang out with the lipstick lesbian crews.

from my experience lipstick lesbians are an urban myth unless you include college students experimenting.

 

[BigPapaVol]

from my experience lipstick lesbians are an urban myth unless you include college students experimenting.

Yes. The Smith College types are the typical.
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[hndog609]

from my experience lipstick lesbians are an urban myth unless you include college students experimenting.

I guess it depends on your definition. I've known/seen a number of girls that used that angle to get attention. They invariably succeeded I might add. A couple hotties making out on the dance floor will grab the eyes of just about every guy in the place.