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The weird part is that we've somehow as a society gotten to the point where 2 years of clerking, 3 years of practice, and 3 years as an appellate judge is suddenly adequate qualification for the highest court we have
It's like affirmative action for the religious right https://twitter.com/mjs_DC/status/1313942053743599618
It's like affirmative action for the religious right https://twitter.com/mjs_DC/status/1313942053743599618
All the sycophants going "Amy Covid Barrett is highly qualified to sit on the Supreme Court!"
And I'm just sitting here thinking "a résumé that thin won't even get you elected to the Court of Appeals in most states"
And I'm just sitting here thinking "a résumé that thin won't even get you elected to the Court of Appeals in most states"
She was only a practicing lawyer for 3 years – she then had 5 years in a judicial role (2 writing opinions as a clerk and 3 as a judge), and spent the rest of her career teaching (which is all well ans good but not SCOTUS-relevant IMO) https://twitter.com/youngex20/status/1313962775425753094
Maybe being in a state where we elect our judges has skewed my thinking, idk
I mean let's go through North Carolina's Supreme Court justices for comparison
Before first joining the NC Supreme Court, our Chief Justice Cheri Beasley had:
8 years as a public defender
9 years as a District Court Judge
4 years on the NC Court of Appeals
Before first joining the NC Supreme Court, our Chief Justice Cheri Beasley had:
8 years as a public defender 9 years as a District Court Judge 4 years on the NC Court of Appeals
Before first joining the Supreme Court, Justice Paul Newby had:
4 years in private practice
1 year in-house counsel
19 years as an Assistant US Attorney
Justice Robin Hudson had:
24 years in private practice
5 years on the NC Court of Appeals
4 years in private practice 1 year in-house counsel 19 years as an Assistant US AttorneyJustice Robin Hudson had:
24 years in private practice 5 years on the NC Court of Appeals
Before first joining the Supreme Court, Justice Sam Ervin IV had:
18 years in private practice
9 years on the state utility commission (a quasi-judicial body)
18 years in private practice 9 years on the state utility commission (a quasi-judicial body)
Before first joining the Supreme Court, Justice Michael Morgan had:
10 years in the Department of Justice
5 years as an Administrative Law Judge
10 years as a District Court Judge
12 years as a Superior Court Judge
10 years in the Department of Justice 5 years as an Administrative Law Judge 10 years as a District Court Judge 12 years as a Superior Court Judge
Before first joining the Supreme Court, Justice Anita Earls had:
10 years in private practice
2 years in the US Department of Justice
17 years in public interest practice
10 years in private practice 2 years in the US Department of Justice 17 years in public interest practice
Before first joining the Supreme Court, Justice Mark Davis had:
13 years in private practice
5 years in the Department of Justice
2 years as General Counsel to the Governor
6 years on the NC Court of Appeals
13 years in private practice 5 years in the Department of Justice 2 years as General Counsel to the Governor 6 years on the NC Court of Appeals
By contrast, Amy Covid Barrett – being nominated to a lifetime seat on the Supreme Court of the entire United States – has:
2 years as a law clerk
3 years private practice
3 years on the 7th Circuit Court of Appeals
2 years as a law clerk 3 years private practice 3 years on the 7th Circuit Court of Appeals
2 years as a law clerk 2 years in private practice 1 year special counsel to the US Senate 2 years as Associate White House Counsel 3 years as Deputy Director for the Domestic Policy Council 1 year as Solicitor General https://twitter.com/dbbaskette/status/1313968686294863878
I wasn't a fan of Kagan's credentials, but even she had a longer resume than Barrett https://twitter.com/rscholtz/status/1313970578882260992
It varies; Newby, Hudson, Ervin, Morgan, and Earls were all elected first, while Beasley and Davis were appointed and then ran for re-election https://twitter.com/rscholtz/status/1313967690864787459
I'd say Gorsuch / Sotomayor / Roberts are the top 3 (in no particular order). Kagan and Breyer together. Then the rest. https://twitter.com/booklegger/status/1313972151758868481
IMO appellate experience isn't experience if you haven't either been a practicing lawyer at the trial level or been a trial-level judge. Blows my mind how little some appellate judges know about trial level basics – errors in which they're expected to rule on coherently https://twitter.com/tybritten/status/1313972414158712837
There are no qualifications in the Constitution for a Supreme Court Justice – they don't even have to be a lawyer or law school graduate
Congress setting statutory minimum qualifications would like be struck down for violating separation of powers though, I suspect https://twitter.com/lauber_andy/status/1313972901394214915
Congress setting statutory minimum qualifications would like be struck down for violating separation of powers though, I suspect https://twitter.com/lauber_andy/status/1313972901394214915
I find it very weird that she and Gorsuch are the two I most enjoy reading https://twitter.com/eoellrich83/status/1313974021420052480
Without tangible practice experience, I don't think law teaching is helpful for a Supreme Court Justice https://twitter.com/rachhankster/status/1313973557127307264
Prior tweet said with the requisite apologies to my law professor friends / mentors / former teachers 
There is immense value to practitioners in legal scholarship. But without seeing how precedent gets applied, you end up w/ sh*t like the Good Faith Exception to 4A, or QI
There is immense value to practitioners in legal scholarship. But without seeing how precedent gets applied, you end up w/ sh*t like the Good Faith Exception to 4A, or QI
Same concept but different rationale; US Term Limits was a Supremacy Clause case IIRC https://twitter.com/questauthority/status/1313975598461726721
Descended from, yes – that Sam Ervin's grandson is on the NC Supreme Court
(And still more qualified than the current SCOTUS nominee!) https://twitter.com/SusieusMaximus/status/1313978906534244354
(And still more qualified than the current SCOTUS nominee!) https://twitter.com/SusieusMaximus/status/1313978906534244354
Frankly I don't actually know; pretty sure all of my professors had practice experience so I've not been taught by someone who didn't
But there's a world of difference between the top-tier law schools and the rest of us https://twitter.com/kestrel607/status/1313981194128646145
But there's a world of difference between the top-tier law schools and the rest of us https://twitter.com/kestrel607/status/1313981194128646145
In terms of practical experience, I agree
In terms of his slavish obedience to police and finding no misconduct he wouldn't excuse, no https://twitter.com/booktweeting/status/1313985999509258240
In terms of his slavish obedience to police and finding no misconduct he wouldn't excuse, no https://twitter.com/booktweeting/status/1313985999509258240
Yes. 13 years on the DC Circuit Court of Appeals, plus 8 years as a lawyer and 2 years as a clerk in addition to her teaching experience https://twitter.com/MelDennis12/status/1314002373115891714
SCOTUS justices should be limited to 18 years, staggered so there is one vacancy every odd-numbered year
I'm open to different approaches for the lower courts https://twitter.com/TheRealStanB/status/1314022520463523841
I'm open to different approaches for the lower courts https://twitter.com/TheRealStanB/status/1314022520463523841
I'm not sure "she's at least as qualified as Democrats' last minimally-qualified justice!" is a compelling argument
Doubly so when it's not actually true https://twitter.com/akivamcohen/status/1314002941536333825
Doubly so when it's not actually true https://twitter.com/akivamcohen/status/1314002941536333825
There is some academic discussion that this would be a way to enforce SCOTUS term limits without a constitutional amendment: after X years on the SCOTUS bench, they then get moved to help the appellate or district courts https://twitter.com/JamesNi78789263/status/1314024209996296193
I agree, but big part of that requires Congress to start acting like a legislative branch https://twitter.com/EaracheEye/status/1314034109866532864
Rehnquist had 1 year as a law clerk, 16 years in private practice, and 2 years in the Office of Legal Counsel before joining the Supreme Court
Warren had 3 years in private practice, 1 year as a city attorney, 18 years as a prosecutor, and 4 years as Attorney General
Try again. https://twitter.com/surfnsrq/status/1314034993564471300
Warren had 3 years in private practice, 1 year as a city attorney, 18 years as a prosecutor, and 4 years as Attorney General
Try again. https://twitter.com/surfnsrq/status/1314034993564471300
I already addressed the uselessness of appellate-only "bench experience" earlier in the thread
Tweet less. Read more. https://twitter.com/TolledBe/status/1314056980181344257
Tweet less. Read more. https://twitter.com/TolledBe/status/1314056980181344257
Wrong: https://twitter.com/greg_doucette/status/1313970973113290756
Try again. Do better. https://twitter.com/KevinKay500bee/status/1314087797171593216
Try again. Do better. https://twitter.com/KevinKay500bee/status/1314087797171593216
Different people have different reasons for disliking
Mine is that she's the experiential equivalent of an 8th year lawyer – would literally anyone hire an 8th year to run a big city law firm? Of course not https://twitter.com/riScorpian/status/1314072156519780352
Mine is that she's the experiential equivalent of an 8th year lawyer – would literally anyone hire an 8th year to run a big city law firm? Of course not https://twitter.com/riScorpian/status/1314072156519780352
Already addressed Kagan's experience – multiple times – in the thread
"But at least she's got a little appellate judging experience to make up for the fact she's somehow even less experienced than the Democrats' least-experienced appointee!" is a weird flex https://twitter.com/kirkfreemanlaw/status/1314183189200601091
"But at least she's got a little appellate judging experience to make up for the fact she's somehow even less experienced than the Democrats' least-experienced appointee!" is a weird flex https://twitter.com/kirkfreemanlaw/status/1314183189200601091
People do tend to "scream rape" when sexual predators get nominated, yes https://twitter.com/surfnsrq/status/1314248014945542145
Imagine tweeting out "the only male Republicans we have to nominate to the Supreme Court would be credibly accused of sexual impropriety" thinking you were owning the libs
Especially after Gorsuch, who as I recall had no such allegations against him
Especially after Gorsuch, who as I recall had no such allegations against him
Accurate
A lot of anti-Trump folks – me included – would love to see Willett on SCOTUS https://twitter.com/rscholtz/status/1314269551966720000
A lot of anti-Trump folks – me included – would love to see Willett on SCOTUS https://twitter.com/rscholtz/status/1314269551966720000
I don't think the Senate would get anyone confirmed in a midterm election year tbh https://twitter.com/jon_the_captain/status/1314284367003422721
A judge who can't even fill out disclosure paperwork competently?
Yikes https://twitter.com/jameshohmann/status/1314599404352016386
Yikes https://twitter.com/jameshohmann/status/1314599404352016386
The ABA doesn't appoint judges, so I don't particularly care about their ratings
Yes, she is https://twitter.com/fedjudges/status/1315490925963952130
Republicans crack me up suddenly caring about ABA ratings that they've spent the past however many decades railing against 
It's all theater
Tedious theater from people smart enough to know better, but theater just the same https://twitter.com/adotsad/status/1315497024368775169
Tedious theater from people smart enough to know better, but theater just the same https://twitter.com/adotsad/status/1315497024368775169
Yep. The ratings only matter when they think it helps them politically https://twitter.com/jay_peg/status/1315497074704564224
She's basically an 8th year lawyer
I'm also an 8th year lawyer – and while I confess to having an outlandishly oversized ego, I'm not arrogant enough to think I'm qualified for a lifetime appointment to the Supreme Court of the United States https://twitter.com/kyliecattchan/status/1315501584084656129
I'm also an 8th year lawyer – and while I confess to having an outlandishly oversized ego, I'm not arrogant enough to think I'm qualified for a lifetime appointment to the Supreme Court of the United States https://twitter.com/kyliecattchan/status/1315501584084656129
I'd have to recuse myself from everything because I tweeted about it at some point https://twitter.com/89_rakhar/status/1315515451334512642
https://twitter.com/89_rakhar/status/1315515451334512642
Short answer is no one knows for sure
Federal judges, including SCOTUS justices, can't be removed from office except via impeachment + removal. But there is a school of thought that they can be "demoted," similar to "senior status" of lower court judges
I'm skeptical, but idk https://twitter.com/hypocrisy_45/status/1315518053182996481
Federal judges, including SCOTUS justices, can't be removed from office except via impeachment + removal. But there is a school of thought that they can be "demoted," similar to "senior status" of lower court judges
I'm skeptical, but idk https://twitter.com/hypocrisy_45/status/1315518053182996481
My thought is well. There's a long list of amply qualified options, and they picked this one instead https://twitter.com/eksorum/status/1315517618275614720
