Re: Senate Prepares for "Nuclear Option"
[quote=gsturm]the ridiculous thing is that as judicial appointments go, bush's have been academically more well-qualified than is perhaps traditionally the case. a good number of those the democrats are filibustering were number one or two in their law school class and some of them are also former supreme court clerks, worked in the solicitor general's office, were asst u.s. attorneys, etc. [/quote]
And? I hope thesightless will back me up on this, but as someone that has been through law school myself and been in practice for a number of years now, I have to say that academic chops does not necessarily translate into a successful legal career. When I think about the folks that finished in the top few spots of my class, who I would consider friends, I see people who may be very book smart but who may lack that intangible factor that makes for a good attorney. They might be the first person I'd call if I couldn't remember the name of a case that stood for a certain proposition, but If I ever had a legal problem that I couldn't handle myself, these folks would be among the last people I'd call.
The other thing that is important to remember is that law school doesn't teach you shit about the actual practice of law. Some of the bars near where I work are also frequented by law students at nearby Washington University. I always overhear them, brimming with arrogance about how friggin' brilliant they all are, pontificating about legal theory and policy, and how Justice so-and-so would likely rule on x issue. This is a mindset that I remember myself -- after all, we're in law school, damn it, and that means we're smart mother fuckers, right? [insert dripping sarcasm here] Anyway, I also remember the bitchslap back to reality that happens when you get your first job and learn that all that knowledge you thought you had really doesn't help from a practical standpoint and that you are, practically speaking, a dumb ass. Being a brilliant law student does not guarantee you anything but a high-paying first job. After that, the proof is in the pudding.
When I look around at my friends from law school that have achieved a really high level of success in the practice of law, none of them finished anywhere near the top of their class. Those at the top of the class may have nice looking resumes with clerkships and the like and may have "good" jobs, but they are not the movers and shakers in the bar. You say these appointees were number one or two in their class, I say "what have you done for me lately?"
Another thing about government attorney jobs, like the attorney general's office, prosecutors, etc. -- they don't pay shit compared to private practice, so that means that three types of people take these jobs: (1) people that can't get a job elsewhere, (2) people that want to get some trial experience before going into private practice, and (3) people that have political aspirations. When you're talking about the US Attorney's office, which is a tough job to get, you are looking almost exclusively at group number 3. When I hear that a potential judicial nominee has put in time at the US Attorney's office, I say, "no shit." All the more reason to look closely at their agenda, IMHO.
[quote=gsturm]and a number of them, like estrada, have no prior judicial record, so the charge that they are "extreme" or "outside the mainstream" is a little absurd -- the democrats have no way to know for certain what person X will be like in deciding actual cases when he/she becomes a judge if that person has not been a judge before. which, if the dems would let them through, might generate some pleasant surprises (for the dems, that is) -- i.e., souter's appointment by bush I and blackmun's appointment by nixon. [/quote]
That's just not true. When you are talking about someone with a well-documented stance on certain issues, I don't think they need to have actually had the opportunity to rule on something for everyone with a bit of sense to know how they would rule if given the chance.
More importantly, however, what the hell is anyone doing appointing as district court judges people who have no history in the judiciary? Normally, you've got to at least prove yourself at the state level before you get to that level -- or at least you ought to. That's the last thing we in the bar need -- giving people lifetime tenure before we even know if they'll be good judges. There is nothing more frustrating than standing before a judge that has no conception of the actual, real-life practice of law because they rocketed up the chain so quickly.