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Bench Memos

NRO’s home for judicial news and analysis.

Re: Kavanaugh’s Nomination



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So, according to critics of Brett Kavanaugh’s nomination to the D.C. Circuit, he’s too young for the job at 41? Clarence Thomas was only two years older when he went to the Supreme Court. Even critics of Thomas’s jurisprudence raise no questions about his competence and ability to do the job (though such questions were certainly raised at the time of his nomination). Joseph Story was appointed to the Supreme Court—in what was probably the high point of James Madison’s presidency—at the age of 32. Probably every student of the Court’s history would put Story in his top ten justices, of the 110 men and women who have served. As Ed points out, what matters is not Kavanaugh’s age but his experience and accomplishments, which are considerable.



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