Justice Scalia Praises Elena Kagan’s Lack of Judicial Experience
ABC News’ Teddy Davis reports: Obama Supreme Court nominee Elena Kagan has been criticized by some Republican senators for lacking judicial experience. But Justice Antonin Scalia, the High Court’s most outspoken conservative, said Wednesday that he likes that the former Harvard Law School dean and Solicitor General is not currently a judge. “When I first came to the Supreme Court, three of my colleagues had never been a federal judge,” said Scalia who joined the Court in 1986 after being nominated by President Reagan. “William Rehnquist came to the Bench from the Office of Legal Counsel. Byron White was Deputy Attorney General. And Lewis Powell who was a private lawyer in Richmond and had been president of the American Bar Association.” “Currently, there is nobody on the Court who has not served as a judge –indeed, as a federal judge — all nine of us,” he continued. “. . . I am happy to see that this latest nominee is not a federal judge – and not a judge at all.” Scalia made his remarks about Kagan while delivering the Second Annual Judge Thomas A. Flannery Lecture. Flannery, who passed away in 2007, is a 1940 graduate of the Columbus School of Law which is now part of The Catholic University of America. The speech was delivered in the Ceremonial Courtroom at the United States Courthouse in Washington, D.C. ABC News’ Kristina Wong contributed to this report.
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Scalia and Kagan are certainly birds of a feather — they need to be in a more socialist/fascist country — Oh wait, that is what the U.S. is becoming….
Posted by: W. Wallace | May 26, 2010, 9:38 pm 9:38 pm
Scalia and Kagan are certainly birds of a feather — they need to be in a more socialist/fascist country — Oh wait, that is what the U.S. is becoming….
Posted by: W. Wallace | May 26, 2010 9:38:53 PM
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It was more fascist under the last President when your only choice was ‘you’re either with us, or you’re agin us’.
Now that is fascism – don’t think for yourself – just do what the government tells you – otherwise you’re a traitor.
Posted by: tierra | May 26, 2010, 9:42 pm 9:42 pm
Obama Supreme Court nominee Elena Kagan has been criticized by some Republican senators for lacking judicial experience.
This sentence proves the lack of any intelligence the nation and the press have about anything concerning the law. Not all democrats are for Elena Kagan becoming a justice and not every republican is against her becoming a justice. I am a republican and I am very for her. I also find it horrendous that the way this person wrote this passage, made it seem like Antonin Scalia was a democrat and therefore would choose sides in a trial. This is something that I am sure Scalia would never do. Good luck to Elena Kagan but remember that not all of America is in black and white and we don’t have to choose sides based on what we are forced to believe by some title.
Posted by: Unknown | May 26, 2010, 9:53 pm 9:53 pm
Justice Scalia thinks no experience is a good thing? President had no experience. The head of Health and Human Services, a govenor, had no medical experience, the head of the Dept overseeing the oil spill had no experience – it was pointed out by a senator that he doesn’t know the difference between a hole drill and a dentist drill – I report you decide.jo lewis.
Posted by: jo lewis | May 26, 2010, 10:10 pm 10:10 pm
jo lewis – “no experience” LOL She’s not been a judge but that doesn’t translate into lack of experience with the law. She’s written briefs for a SCOTUS judge. She’s been Solicitor General and that requires preparing and practicing before SCOTUS. You’re selling her experience way too short. I’m not a fan of Scalia but there have been previous and highly successful justices on the Court who hadn’t been judges. Let’s see how she does in the hearings before we jump to conclusions.
Posted by: 63tango | May 26, 2010, 10:25 pm 10:25 pm
It was more fascist under the last President when your only choice was ‘you’re either with us, or you’re agin us’.
Now that is fascism – don’t think for yourself – just do what the government tells you – otherwise you’re a traitor.
Posted by: tierra | May 26, 2010 9:42:31 PM
************************
That’s not a trait that would be exclusively “fascist”.
Do yourself a favor and avoid using terms you are obviously unfamiliar with.
Posted by: RB | May 26, 2010, 10:44 pm 10:44 pm
You know, the dearth of meaningful information about Kagan’s background is deafening, yet that doesn’t stop many from leaping to conclusions about her suitability for the role of associate supreme court justice.
Regretably, her upcoming nomination process promises to shed almost no light on her background…
Posted by: n2vip | May 26, 2010, 11:02 pm 11:02 pm
jo lewis: “Justice Scalia thinks no experience is a good thing?”
No, that’s not what he said.
Posted by: jock59801 | May 26, 2010, 11:49 pm 11:49 pm
I love when people use terms like “a more ‘socialist/facist’ country”. It shows how ignorant people are. Socialist is seen and generally defined as a far LEFT ideal. Fascism is seen and generally defined as a far RIGHT ideal. However, somehow, every idiot who watches fox news and/or listens to rush limbaugh manages to describe the President using BOTH of those titles side by side. Wow. Simply wow.
Posted by: OFE | May 26, 2010, 11:51 pm 11:51 pm
That’s not a trait that would be exclusively “fascist”.
Posted by: RB | May 26, 2010 10:44:44 PM
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Who said anything about ‘exclusively’? You would prefer I use totalitarian? No problem . ..
Posted by: tierra | May 26, 2010, 11:52 pm 11:52 pm
Well Scalia is a good endorsement in my mind. I’m still kinda thrown off by the fact she’s never been married, has no kids, and has stayed put in schools all her life. But hey, if she can make sound decisions, that counts for something, obv she’s well read on the law.
Posted by: HA! | May 27, 2010, 12:02 am 12:02 am
Personally, I think that if you are going to be a judge in the highest court in the land it would be a good thing to have some judging experience.
Posted by: rwsmith | May 27, 2010, 12:06 am 12:06 am
If scalia likes her she’s the wrong one.
Posted by: rightbehind | May 27, 2010, 12:21 am 12:21 am
Scalia likes Elena Kegan? Does he know something about her that we do not know? Could Kegan possibly be more conservative than we had thought she is?
Posted by: what667 | May 27, 2010, 1:58 am 1:58 am
This must be driving the left bonkers.
Posted by: LongT | May 27, 2010, 3:17 am 3:17 am
socialist/fascist ? Does that mean ,like liberal conservative ?
Start with a dictionary.
Posted by: tornadofood | May 27, 2010, 4:04 am 4:04 am
One of our greatest Supreme Court Justices, William Rehnquist, had never been a judge before sitting on the supreme court. The reason we have nine judges is so that important issues can be comprehensively analyzed. Every issue of society is ultimately subject to their jurisdiction. We want people who can enlighten each other.
Furthermore, great supreme courts are those which reach a consensus. That was the power of the Warren Court. A 9-0 decision decides the matter. We need a consensus builder that leads to larger majority opinions. A united court will lead to more certainty and stabilty and less litigation. When issue groups see a 4-4+1 decision they are encouraged to promote devisive litigation instead of focusing on non legal political solutions.
Posted by: Margaret | May 27, 2010, 5:01 am 5:01 am
Classy that he found something good to say!
Posted by: Elle | May 27, 2010, 7:14 am 7:14 am
every idiot who watches fox news and/or listens to rush limbaugh manages to describe the President using BOTH of those titles side by side
Posted by: OFE
but of course, ..
brought to by the same folks who rant about birth certificates, death panels, and secret FEMA camps..as well as those who write notes on their hand
Posted by: PO'd | May 27, 2010, 10:26 am 10:26 am
what667 – he didn’t say he liked HER – he said he liked the idea that a non-sitting judge was nominated. The most famous non-sitting judge ever appointed was Marshall. Though trained as a lawyer, he had limited practice thanks to the Revolution, but he understood the Constitution and the underlying reasons for why it was written the way it was.
Posted by: PD102 | May 27, 2010, 10:28 am 10:28 am
I wish Justice Scalia and his colleagues on the court would bring their knowledge and divergent philosophies regarding the law and the constitution to the general public via discussion and debate. C-span provides a venue on occasion with profiles of the justices or presentations for the legal community. The law may be an ass, but it can be a very interesting ass.
As regards Miss Kagan, it’s time for a Stevens/Soute conversion, only to the enlightened side.
Posted by: liam | May 27, 2010, 11:29 am 11:29 am
This is one job where experience matters…Look what happen the last time we voted for a high official who had NO executive experience….
Posted by: Parallex View | May 27, 2010, 12:26 pm 12:26 pm
You can bet the next time Scalia wants his car fixed he picks up a homeless person at randon because of his lack of experience? What a Stupid statement hire a Judge because they have no experience. We did that with a President and see what we got a Dullard with a degree.
Posted by: stormerF2 | June 5, 2010, 1:54 pm 1:54 pm
Why would anyone praise someone for the lack of ability todo a job? Seems the government is full of inexperienced peolpe now and it is screwed up beyond belief.Maybe that is why they spend 3 dollars for every 2 they take in and borrow the rest?
Posted by: stormerF2 | June 9, 2010, 12:13 pm 12:13 pm
When a majority of the ‘experienced judges’ on the Supreme Court decide the Constitution supports the idea of “a well-regulated militia”, by giving every person, citizen or not, sane or not, the right to bear “arms”, or that corporations are ‘persons’ whose CEO’s can freely use shareholder’s money to corrupt elections, it’s time to get more brains on the Court who can reason – not just make rulings based on misguided ideology.
Ms. Kagan has enough brains and legal experience to have garnered respect from many quarters and should be allowed to serve her country without being harassed about why she never married.
Posted by: SPARKS8 | June 15, 2010, 1:26 am 1:26 am
This is silly. kagan is an obviously well-educated well-trained legal professional who ran the most prestigious law school in the country. I’d pick her over…Clarence Thomas…any day!!!!! Remember him? Former head of the EEOC who tried to dismantle it…after he used affirmative action to get his, sexual harasser,
Posted by: natFrankie | June 17, 2010, 4:47 pm 4:47 pm