SIGforum.com Main Page The Lounge Trump judge nominee, 36, who has never tried a case, wins approval of Senate panel
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Armed and Gregarious |
I'm well versed in how things work in Federal Court, including "beyond sitting in open court." However, my point was, and is, that in a District Court judge I want someone with actual trial experience, that knows realities of a case in all aspects. Those who have never tried a case haven't seen their "activities beyond sitting in open court," truly tested, and haven't fully experienced the practice of the law. They have no real appreciation for the stress and difficulty of dealing with a federal judge, during hearings and trials. Motions hearings, and especially trials, are an aspect of the work that no amount of academic theory can wholly prepare you for, and even clerking, while a much more direct exposure to the experience, is not the same as "having skin in the game," as a lawyer for one of the parties. Again, I've participated in the process for many years, and I want US District Court judges who have the full experience that trial lawyers have. ___________________________________________ "He was never hindered by any dogma, except the Constitution." - Ty Ross speaking of his grandfather General Barry Goldwater "War is the remedy that our enemies have chosen, and I say let us give them all they want." - William Tecumseh Sherman | |||
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| Smarter than the average bear |
I personally prefer more of a strict constructionist approach on the Court, but any problem I have with the judicial decisions of the Justices you named has nothing to do with their trial experience, or lack thereof. The conversation we're having is about the necessity of experience practicing law in order to be an effective judge. Judicial philosophy is a different matter altogether. | |||
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| Smarter than the average bear |
While my personal experience was clerking in a state district court, not federal, I can tell you that one year clerking for a district court judge is probably the equivalent experience of 10 years of trial practice. The areas where that person lacks in comparison to an experienced practicing attorney, are not the areas that are of consequence to a sitting judge. | |||
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Tinker Sailor Soldier Pie |
They're unpopular because of their ideology. But of course you know that so I'm not sure why you're pushing this line of argument. ~Alan Acta Non Verba NRA Life Member (Patron) God, Family, Guns, Country Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan "Once there was only dark. If you ask me, light is winning." ~Rust Cohle | |||
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| Oh stewardess, I speak jive.  |
Bestowing anyone with that much power over anyone else's freedom without a track record to judge them by beforehand seems like a recipe for disaster. There are a scant few professions in the world with more authority over ones very freedom and life than that of a judge, especially one appointed for life, and it's no place for gambles or guessing, IMO. | |||
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| I believe in the principle of Due Process  |
Here is the Judiciary Committee Questionnaire completed by each nominee with full details of the nominee’s background and qualifications. Link Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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Glorious SPAM! |
I believe it is because their idology is directly tied to their place of | |||
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| I believe in the principle of Due Process |
Not particularly so. Here is a list ofcurrent Supreme Court Justices, in seniority order, showing Law school, religious faith and President appointing them. Roberts H C 43 Kennedy H C 40 Thomas Y C 41 Ginsberg C J 42 Breyer H J 42 Alito H C 43 Sotomayer Y C 44 Kagan H J 44 Gorsuch H E 45 Interesting to note that 6 are from Harvard, as was Justice Scalia. They range all over the place in “idology,” and ideology. Edit to correct Kagan religious preference.This message has been edited. Last edited by: JALLEN, Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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| Member |
EVERY issue has become so politicized that "legal qualifications" are simply irrelevant IMO. "Crom is strong! If I die, I have to go before him, and he will ask me, 'What is the riddle of steel?' If I don't know it, he will cast me out of Valhalla and laugh at me." | |||
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| Member |
The thing about being a judge is that nobody has experience being a judge until they're a judge. I'm not thrilled this guy has a short resume when it comes to live courtroom time but many lawyers, even those who become judges, are short on live courtroom time. It's the nature of the game and the rush to settle cases to get a partial win instead of spending time and money on a total loss. He'll get a crash course on being a federal judge from from an experienced attorney or two in his district. They go over the federal rules of procedure and all that stuff alot of lawyers forget after the bar exam. They don't drop new judges into the fire without any prep. It's a district court so his cases are reviewable at the circuit and SCOTUS. Not to mention the 12 folks in the jury box getting their chance. | |||
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| I believe in the principle of Due Process |
Part of it, too, is judicial temperament. Some people just do not have the personality, the temperament, to be a judge, and won’t like it when they are. Actually sitting there holding court and deciding cases different than reading about it. There are restrictions on what you can do, who you talk to, socialize with. One friend of mine who went on the Superior Court bench after a sparkling career as a lawyer found it uncomfortably confining. He could only go to lunch with a couple of former partners, and other judges. I served briefly as a judge pro tem, and did not much like it. It’s harder then it looks for one thing. You have to listen to lawyers all day long, too. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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| Smarter than the average bear |
That's what I've said since I started my practice 30 years ago, and more often after I stopped practicing law. The worst thing about practicing law is that you have to deal with other lawyers all day. | |||
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| Staring back from the abyss  |
Sotomayor can call herself Catholic until the cows come home but she clearly does not practice the teachings of the Church. And Kagan is Jewish. ________________________________________________________ "Great danger lies in the notion that we can reason with evil." Doug Patton. | |||
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| I believe in the principle of Due Process |
Right you are. Please forgive my sloppy editing. I’ll change it. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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SIGforum.com Main Page The Lounge Trump judge nominee, 36, who has never tried a case, wins approval of Senate panel
Main Page The Lounge Trump judge nominee, 36, who has never tried a case, wins approval of Senate panel© SIGforum 2024