Comments on economics, mystery fiction, drama, and art.

Sunday, September 30, 2018

Some questions for Supreme Court nominees

The most recent process of nominating and confirming a new Justice to t he Supreme Court somehow got me to start thinking about federal appeals court judges and Supreme Court justices... What I began to wonder about was what, on average, the legal background of these folks looks like.  Do they have substantial experience as a practicing lawyer?  How often have they represented a client in court, either as a plaintiff's attorney or as a defense attorney?  What experience do they have in criminal matters, again, on both sides of the issues?  Have they drafted any complex legal documents (these would, in general, but not always--generation-skipping trusts come to mind--deal with corporate legal issues, I think)? For appeals court judges and SC justices...How many cases have they argued in front of an appeals court or the SC?  How were their arguments received?  (And although this is less important, how well did they do in terms of outcomes?) Specifically for SC nominees...What does their appeals court record (if any look like?  How well reasoned were their published decisions?  If the cases they were involved in at the appellate level were appealed to the SC, how well were their decisions treated by the SC? Again, I think this is a set of questions that any consideration of any SC nominee might expect.