Posted by Jonathan Adler:
For Diversity on the Bench:
http://volokh.com/archives/archive_2009_05_03-2009_05_09.shtml#1241701624
Senior district court judge [1]Ann Aldrich and her law clerks [2]call
for an important type of diversity on the Supreme Court:
TO succeed Justice David Souter on the Supreme Court, President
Obama should select a nominee with experience that no other sitting
justice has � service as a trial judge on a federal district court.
. . .
Why is this an issue? Most Supreme Court cases are initiated in
district courts, and many end up back there when they are remanded
for proceedings that are consistent with the high court�s ruling.
While the court�s opinions affect the day-to-day operations and
decisions of the district courts, many of the justices lack the
practical experience that is necessary for providing district
courts with clear and workable directives.
I think they make a very good point. I also think it would be valuable
if someone on the court had been a criminal defense attorney and
litigator (as opposed to an appellate advocate). Appellate experience
is important -- it's good seasoning for a potential Supreme Court
justice -- but so is experiences with how the legal system operates at
the ground level.
References
1.
http://www.ca6.uscourts.gov/lib_hist/Courts/district%20court/OH/NDOH/judges/aldrich.html
2. http://www.nytimes.com/2009/05/07/opinion/07annaldrich.html
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