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To: Reactionary
Reactionary said: "She is a better pick because she lacks a paper trail. "

I believe that the very best legal candidates are also those who aspire to greater responsibility and authority. I don't think it a bad thing that a state judge might wish some day to be selected to be on a state Supreme Court. Nor is it a bad thing for the most qualified to view an appointment to the Supreme Court as a validation of a lifetime of responsible work.

The logical consequence of rewarding those who "lack a paper trail" is that the most deserving people may seek ways to avoid being on the record rather than exposing themselves to criticism from those who oppose their thinking. Appointments to Circuit Courts could become a dead end which no deserving candidate will want to accept if, as a consequence, they are eliminated from the pool of potential Supreme Court nominees.

113 posted on 10/09/2005 2:48:44 PM PDT by William Tell
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To: William Tell

Naw, just write narrow decisions, follow precedent slavishly, and if a case of first impression in your circuit where you have to fill in the gaps, and you will fill them in, in a way that will hurt you with team Biden, just call in sick, or recuse yourself if you can. And don't ever be a con law professor who takes an interest in controversial areas, except as a honest broker.


114 posted on 10/09/2005 2:54:04 PM PDT by Torie
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To: William Tell
The logical consequence of rewarding those who "lack a paper trail" is that the most deserving people may seek ways to avoid being on the record rather than exposing themselves to criticism from those who oppose their thinking. Appointments to Circuit Courts could become a dead end which no deserving candidate will want to accept if, as a consequence, they are eliminated from the pool of potential Supreme Court nominees.

Dead kittens. I see dead kittens... dead kittens everywhere...

125 posted on 10/16/2005 6:43:35 PM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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