Yesterday, Senator George Voinovich delivered a floor statement explaining why he will vote against the Kagan nomination. Voinovich’s opposition is particularly noteworthy because he was one of nine Republicans to vote for the Sotomayor nomination and because he is retiring from the Senate and thus cannot be accused of voting in a way that advances his political self-interest. (I don’t mean implicitly to credit this cheap accusation when it is leveled against others.)
Some excerpts from Voinovich’s speech (emphasis added):
I believe a judicial nominee must have substantial experience in the law especially when that nominee is seeking a lifetime appointment to the highest court in our land. After reviewing her background, I believe Gen. Kagan does not have that relevant experience.…
This lack of judicial experience does not prevent her nomination, but, in my opinion, it does shift the burden to the nominee to demonstrate her other relevant experience.…
I also think it is worth noting that the independent Congressional Research Service has found that on average, the 39 justices who lacked prior judicial experience had more than 20 years of experience in private practice. Gen. Kagan’s experience pales in comparison.…
As an aside, only a former law professor would think that the dean of a law school is somehow more in touch with everyday people than a judge. Everyday a judge is presented with the facts of everyday life and must apply the law to them. A dean in a law school surrounded by professors earning hundreds of thousands of dollars a year and donors worth millions and students soon to enter into a professional career never gets to see everyday life and is never faced with the factory worker, the farmer, or any of the hardworking blue collar Americans. How is a law school dean more in touch with everyday people? …
I would argue that Gen. Kagan has been nominated based on her friendships and personal attachments with President Obama and others at the White House, not based on objective qualities that would indicate she is qualified to be a Supreme Court justice.
