May 07, 2009

Proper Experience for Supreme Court

Orin Kerr posts his ideal experience for a potential Supreme Court justice.  It is sort of tongue-in-cheek, but it shines a light on the immense scope of Supreme Court review.  It also illustrates the difficulty in evaluating any one nominee's experience.   Here is a taste:
"The candidate should then have considerable practice experience. In particular, the candidate should spend at least 5 years at a large law firm, followed by 5 years as a solo practitioner. That way she'll really understand legal practice. But that practice would be mostly civil law, and Supreme Court Justices also deal a lot with criminal law. The candidate should therefore get experience as a state prosecutor and then experience as a federal prosecutor. After that, the candidate should obtain experience in criminal defense, by spending a few years as public defender in the state system and a few years as a public defender in the federal system."