Comment

Kagan: Partisan or Pragmatist?

411
Gus5/11/2010 1:18:13 pm PDT

re: #405 palomino

The problem with Miers wasn’t really her lack of experience as a judge. After all, she was to replace Rehnquist, who also hadn’t been a judge.

Problem was her zero experience with constitutional law, compounded by her poor performances in interviews with Senators on the Judiciary Committee. Even Republicans Coburn and Specter told her she was in trouble.

She was also opposed by the right because, with no paper trail, they couldn’t be assured of reliable votes on abortion and other social issues.

I realize that but there are some that want to focus on Kagan’s lack of judicial experience alone without considering her overall experience. Kagan has an extensive range of experience but no judicial experience. Miers had neither. As long as the “she has no judicial experience” hecklers want to bring it up I will point out that there has also been one SCOTUS nominee that had no judicial experience.

If you add the previous judges without this experience I believe that claiming that the lack of judicial experience alone is adequate enough to withdraw a nomination is not based on the history of the SCOTUS. There is no law that states a SCOTUS justice has to have judicial experience so it also holds no legal ground. Overall it is a baseless argument.