How scary is this? Which of these Bush appointees has judicial experience?

[Czolgosz]

Answer: Even "Brownie" has experience judging Arabian horses, which is more judging than Miers has ever done.

[KyndCulture]

1. The thing that's bothering me about her background

is that she was a politician... I thought this was a no no... she held public office in Dallas.

[Czolgosz]

2. No. It's OK to be a politician. Earl Warren was governor of California

before he was appointed to the Supreme Court, and he had no judicial experience. Still governor of California is a weightier office than Dallas City Counsel member (or at least it was before Arnold besmirched the office).

[tonkatoy57]

3. Earl Warren

I believe former Chief Justice Earl Warren was Governor of California before he was chosen for the court. Also, Justice Taft had a political background.

I think two terms on the Dallas city council are the least of my problems with her.

[Czolgosz]

4. I think you are overstating Miers's qualifications. I thought it was one

term on the City Counsel, no?

[MN ChimpH8R]

5. Warren was also Cali AG or a prosecutor

before being elected Governor. Can't remember which.

[Kenroy]

6. Sandra Day O'Connor

was the first female Senate Majority Leader in Arizona.

And Chief Justice Taft had been President.

There are many other examples

[WePurrsevere]

7. Actually I don't believe there are any legal qualifications needed to be..

a Supreme. If I remember correctly (and admittedly I may not) if a President could get the Reps to approve a janitor s/he could be one. It seems to me this is one of those things that need to be changed. Americans deserve to have only well qualified people running the country and it's various departments not just a Presidents cronies.

[Czolgosz]

8. The Constitution is quite brief in its discussion of the third (judicial)

branch of government:

Article. III.
Section. 1.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.

Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note 10)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Clause 3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3.

Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Clause 2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

[mcscajun]

9. Well, for over 50 years (before *) the ABA pre-screened all candidates

for ALL Federal Judgeships, not just the Supreme Court. It wasn't statutory, just customary, and all Presidents went through this process. It wasn't the whole ABA that did the review, it was a special committee within the ABA.

The rationale for ignoring the ABA's role? Bush didn't want to "grant a preferential, quasi-official role in the judicial selection process to a politically active group." The charge was that the ABA was too liberal, and therefore biased against conservative candidates. This is patently untrue, as approximately two thousand nominees have been rated by this ABA committee and only two dozen or so have been rated as "Not Qualified".

The ABA is still rating nominees, but it's after the fact; after the announcement of the nominee has been made. This means their rating is rushed, more likely to be influenced by political pressure, 'cause it's now done in the limelight, and the ratings have less influence than before.

So who is influencing nominations before the fact now? Many say the Federalist Society, a conservative think-tank.