Whatever misgivings we have concerning Ms. Harriet Mier's lack of judicial experience, I am reminded that the late Chief Justice Rehnquist never served on the bench prior to his appointment by President Nixon. Political appointments along party lines and loyalty is nothing new and the Supreme Court is not above such practices.
My personal favorite is Associate Justice Bryon White (1962-93) who was a well known pro-football star (and lawyer). He played a prominent role in President Kennedy's campaign in Colorado before serving as Deputy Attorney General under Robert Kennedy. Justice White had no prior judicial experience either, yet his opinions are well published in law school casebooks.
A cursory glance at the Court's recent history reveals other notable Supreme Court justices with no judicial experience. Some names are deeply ingrained into the modern American jurisprudence.
Chief Justice Earl Warren (1953-69) was an immensely popular Republican governor from California. You may remember Associate Justice Abe Fortas (1965-69) from his role in Gideon v. Wainwright, who was an AU professor and served in various government agencies. Associate Justice Felix Frankfurter (1939-62) was a Harvard law professor and advisor to President Franklin Roosevelt. Associate Justice Lewis F. Powell, Jr. (1971-87) was primarily confined to private practice but also served in the Virginia state school board. Associate Justice Tom C. Clark (1949-67) was an Attorney General. Associate Justice Arthur J. Goldberg (1962-65) was Secretary of Labor and a professor at John Marshall law school. Even thought the times have changed, Chief Justice John Marshall (1801-35) had no judicial experience but held various political offices at the federal and state level.
Perhaps our preference for a nominee with a bench experience stems from our desire for a judicial record. Politically, we are facing a very polarized environment where both sides value predictability above all else. Maybe Miers will bring a fresh breath into our Supreme Court. Maybe Miers will turn out to surprise us all.
Source - http://www.oyez.org
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