Opposing Views: Would Kagan be a good justice?

Yes. John Marshall was revered as “the great chief justice,” but before joining the Supreme Court he had never served a day in a judicial robe; he even lost the one case he argued before the high court. Earl Warren worked for 18 years as a prosecutor, with no prior judicial experience. The list of distinguished judges without prior judicial experience goes on to include: William Rehnquist, William O. Douglas, Robert Jackson and Roger Taney — all listed among the greatest jurists to sit on the high court.

Like Elena Kagan, none of them ever served as a judge prior to becoming a justice on the Supreme Court. However, many on current court did serve as federal appeals judges, immediately prior to their appointment to the high court.

Forty-one of 111 prior justices had no judicial experience before their appointments. Most Americans believe prior judicial experience is necessary to sit as a Supreme Court justice, but it is not a requirement.

Obama’s nomination of Kagan has again raised strong debate over qualifications to sit on the bench. Kagan, in my opinion, has what it takes to become a brilliant Supreme Court justice — academics, integrity and life experiences, notwithstanding the fact that she has worked at almost every level within our judicial system.

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