The new Supreme Court pick, Elena Kagan, has never been a judge. News reports say she doesn't have trial court experience as a lawyer. As a lawyer, she never questioned a witness or made an argument before a jury. She's never been a trial judge so she never had to make a constitutional ruling in the courtroom in the heat of trial. She's never heard a civil case. She's never heard a criminal case. She's never even heard a traffic case. She's never ruled on the rules of evidence like the exclusionary rule. She's never instructed a jury on reasonable doubt or sentenced a convicted criminal.
Why should Elena Kagan be confirmed to a lifetime appointment to the most powerful court in the world? She'd be judging trial lawyers and trial judges who've been through the mud and the blood and the beer of courtroom trials. A trial--maybe something she's never even seen. She's an academic elitist that's never tried a case. That's like putting someone in charge of the brain surgery unit that's never done an operation.
And that's just the way it is.
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