Originally Posted by Russ Carroll
Jim,
What is your take as an attorney about this analysis:
"Barrett is the least-experienced Supreme Court nominee in 30 years, having never worked as a judge until President Trump nominated her to the 7th Circuit Court of Appeals in 2017.
A graduate of Notre Dame law school, Barrett has almost no experience practicing law whatsoever—a hole in her resume so glaring that during her 7th Circuit confirmation hearing in 2017, Democratic members of the Senate Judiciary Committee were dismayed that she couldn’t recall more than three cases she’d worked on during her brief two years in private practice. (Nominees are asked to provide details on 10.)
Barrett has never tried a case to verdict or argued an appeal in any court, nor has she ever performed any notable pro bono work, even during law school...In response to the Senate Judiciary Committee’s questions about her pro bono work, Barrett said she probably helped with such cases during her two years in private practice, but she couldn’t recall any details.
Barett's inexperience isn't just judicial—her privileged perspectives and upbringing have also kept her from understanding the hardships that afflict most people, Stephanie reports. "During the hearings, she seemed at times to strain to acknowledge that there are real human beings experiencing the consequences of her decisions," she writes. "Her testimony inadvertently reinforced the fact that she’s spent her entire adult life in a conservative bubble, not a place known for its forgiving human spirit."
—Abigail Weinberg
The last paragraph is simply partisan hand-wringing. Elena Kagan probably did not gather a deep understanding of the plight of the little man as Dean of Harvard Law either.
Speaking of Justice Kagan, she never worked as a judge
at any level before the Supreme Court. Justice Kagan only worked in private practice for a short time after law school, just like Barrett. That said, I think Justice Kagan is a fine and highly qualified justice. Both women clerked for Supreme Court Justices, and that is perhaps the best training for the role possible. Both women were described by their respective Justices as being exceptional and unique. The very best of a very elite and talented group of lawyers who can actually qualify for a Supreme Court clerkship.
Last, this commentator does not acknowledge that Barrett's role as a mother might allow her to bring some insight and compassion to the bench that it currently lacks. O'Connor and Ginsburg had adult children. Kagan and Sotomayor do not. As you know, lots of modern studies demonstrate that diversity of background on a board leads to better decision making. I think Barrett's legal credentials are perfectly fine, even though she does not have Robert Bork's resume. I think her background is an advantage too. Last, I think the partisan hand wringing over Roe is ridiculous. Justices surprise those who opposed them and disappoint those who supported them every day. Look at Roberts as the most recent example.
Jim