Constitutional Law

Thoughts on picking a non-judge for the Supreme Court

An interesting article in the National Law Journal.

I'd agree that the tend of the last few decades -- select only Federal Court of Appeal judges, on the theory that they have experience and a track record -- is one that treats judging as something separate from knowing the law. I compared the various Justices who sat on the Warren Court -- the days when Frankfurter and Black and Harlan sparred on the real meaning of the 14th Amendment, etc., and also the early years of the Rehnquist Court. I got:

Earl Warren ? attorney general and governor of California.

Felix Frankfurter ? private practice, then a law prof, and economic advisor to FDR.

Hugo Black ? went straight from the US Senate to the Supreme Court. Judicial experience consisted of sitting as a police court judge for a year.

William O. Douglas ? Law prof, then a seat on the Security & Exchange Commission.

John M. Harlan ? private practice, ass?t US Attorney, and one year on a circuit court.

Bill Rehnquist ? private practice, Ass?t Attorney General.

Lewis Powell ? private practice

Thurgood Marshall ? private practice, chief counsel for NAACP, four years on a Circuit court, then Solicitor General.

Thomas Clark ? private practice, then Attorney General.

Full post as published by Of Arms and the Law on April 27, 2010 (boomark / email).