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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| I believe in the principle of Due Process  |
It looks like you submitted another reply trying to edit the prior one. It is true that trial experience is very helpful in trying cases, and it is often true in judging, but at a lower level of essentiality. This nominee has clerked for two judges, served in the AG of Alabama and DOJ at a high level, was summa cum laude and magna cum laude at good schools, so he is apparently a talented fellow. My guess is he will be less bewildered in that new role than a great many who have considerable trial experience. Is he the perfect nominee? Maybe not. He has demonstrated excellence heretofore and has won the confidence of those who do the picking. 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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| Good enough is neither good, nor enough |
Don’t we have a US Supreme Court Justice with the same experience? I believe she was a law professor prior to her appointment. Elana Kagan practiced law “briefly” according to her bio, but my understanding it was rather nonexistent. There are 3 kinds of people, those that understand numbers and those that don't. | |||
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| I believe in the principle of Due Process |
Kagan became Solicitor General before going on the Court. Another factor is that the practice of law encompasses so many variables that direct comparisons can be almost meaningless. Even in litigation oriented firms, “going to trial” is relatively uncommon. Most of it is pleading, discovery, motion squabbles and settlement and status conferences. His time as a clerk is probably as good as any for that stuff. 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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Just like you would if you weren't so biased. Year V | |||
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| Ignored facts still exist |
I think RHINOWSO has a point. Look at the supreme court and I'm almost certain you may find a senile crackpot among the nine justices. One could make a case that the 36 YO in question would do a better job. Case closed. If you'll pardon the expression.  . | |||
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safe & sound |
I will admit that our system is the best that has ever existed. I believe "experienced lawyers" are one of the problems in modern politics. More laws. More complexity. More legalese that only they can understand, and that only they can defend against. Yet it's all of us everyday people that have to live and operate under those rules. Sometimes I believe a little less experience with the system may be a good thing, at least when it comes to us regular folks. | |||
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Member |
If this were someone from the left side of the fence, there would likely be less of a ripple about his qualifications. He’s young and can serve for a very long time. Sounds like a fair balance against the likes of the 9th circuit court and similar federal judges, who return judgements based on politics rather than law. Should it be acceptable, no, but the right needs to start winning a few of these battles and provide some sort of balance otherwise we might as well all buy our Mao jackets and get in line. ———- Do not meddle in the affairs of wizards, for thou art crunchy and taste good with catsup. | |||
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| Smarter than the average bear |
I'd rather see a little more experience in a trial court judge, but he is certainly good to go. Harvard law review, and he's clerked for a district court judge (trial court) and an appellate court judge. Being intelligent and well educated in the law is more important than experience. He'll be fine. As to the attempted surgical analogy, that is not a good analogy in this case because a judge plays a very different role than a surgeon. A valid analogy would be a person with a PhD in Biology from Harvard teaching biology in med school. Would you rather that person, or a general surgeon with lots of experience? Who's likely to be the better teacher? | |||
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| Conveniently located directly above the center of the Earth  |
.....they'll take bitcoin, right?..... **************~~~~~~~~~~ "I've been on this rock too long to bother with these liars any more." ~SIGforum advisor~ "When the pain of staying the same outweighs the pain of change, then change will come."~~sigmonkey | |||
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| Member |
Im too lazy to search for the post where the Supreme Court Judge said he really does not follow the law but just decides cases on what he thinks is right. How is this any different, better or worse? | |||
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Armed and Gregarious |
Plenty of intelligent, and we'll educated, judges are despised by a wide range of both legal professionals and lay persons. Maybe, and maybe not. Only time will tell. I wonder how many here opining on this, have spent significant time both studying, and directly witnessing, what goes on in US District Courts, and the huge role the judges play. I am not a lawyer, but spend a great deal of time studying caselaw, and actually in court, seeing what really happens, and how if affects both my work, and the lives of parties to cases. Based on that I am leery of judges without an established record of actually practicing the law. Again, time will tell, but regardless of the outcome, a 36 year old is likely to be on the bench for more than three decades. Good or bad, that judge will weild tremendous influence, over many lives, for a very long time. ___________________________________________ "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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| I believe in the principle of Due Process |
Approximately half of them!
As mentioned above, practicing law involves a very wide range of activities beyond sitting in court. Moreover a great deal of the activity in a case is not conducted in open court, or even in chambers. In Federal Court, you often deal with the clerk on the details.
Certainly very likely. 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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| You're going to feel a little pressure... |
I view this as similar to hiring someone to manage a department when they have never actually done the job of the people that they are managing, only studied it in school. Sometimes it's a disaster. If the person is very smart and gifted, it can be fine. We will see what he does over the next 40-50 years. Bruce "The designer of the gun had clearly not been instructed to beat about the bush. 'Make it evil,' he'd been told. 'Make it totally clear that this gun has a right end and a wrong end. Make it totally clear to anyone standing at the wrong end that things are going badly for them. If that means sticking all sort of spikes and prongs and blackened bits all over it then so be it. This is not a gun for hanging over the fireplace or sticking in the umbrella stand, it is a gun for going out and making people miserable with." -Douglas Adams “It is just as difficult and dangerous to try to free a people that wants to remain servile as it is to try to enslave a people that wants to remain free." -Niccolo Machiavelli The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all. -Mencken | |||
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| Ammoholic |
It is extremely hard to say based on the information you’ve provided. Teaching is a whole skill set of its own. There are lots of folks out there who are phenomenal at what they do, but couldn’t teach it to save their lives. There are plenty of others who are average to mediocre at whatever skill themselves, but excel in teaching others that skill. To leave the abstract and return to your example, the general surgeon *may* have excellent experiences to share. The PhD *may* be well read on the latest and greatest theory and techniques. Who would be the best teacher is a total crapshoot though based on the information given. | |||
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Glorious SPAM! |
Here is the only litmus test I need anymore: what does the left say? If they are against, I am 100% for. Simple. | |||
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| Ignored facts still exist |
^^^ This. . | |||
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| Smarter than the average bear |
I tried to make it easy and obvious. You'd want the intellectual academic type teaching the class on biology, not the experienced surgeon. Likewise, you'd want a top notch Harvard law graduate making legal decisions. Now if you wanted a clinic on practice, you'd want the experienced trial attorney, or the surgeon. This guy has experience as a clerk at both the trial and appellate level, and he is qualified to be a judge. He wouldn't be my first judge to help pick a jury, but that's not what he's going to be doing. | |||
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| Armed and Gregarious |
So based on your logic, these you have no problem with the legal decisions from the following: Stephen Breyer Elena Kagan David Souter Anthony Kennedy They're all Harvard Law School grads, yet seem to be somewhat unpopular with members of this forum. ___________________________________________ "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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| Go ahead punk, make my day |
What? | |||
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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