The ‘She Was Never a Judge!’ Strategy Gets Even Weaker


Everyone has heard by now that a third of all Supreme Court justices throughout American history came to the bench without having served as a judge. And yet some Republicans have questioned Elena Kagan’s nomination over her lack of judicial experience, and plan to make an issue out of it during the confirmation hearings scheduled for late June. But the criticism is going to have even less traction than it had before, now that two Republican-nominated justices have lent their support to Kagan.

Sandra Day O’Connor told Good Morning America that it’s “just fine” to never have served as a judge before coming to the Court. And Antonin Scalia pointed out that three justices had never been judges when he arrived on the court. “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 at Catholic University Law School. ” … I am happy to see that this latest nominee is not a federal judge — and not a judge at all.” So there goes that argument. Cue the sad trombone sound!

Justice Scalia Praises Elena Kagan’s Lack of Judicial Experience [Political Punch/ABC News]
Retired Supreme Court Justice Sandra Day O’Connor Backs Elena Kagan Nomination [GMA/ABC News]