August 11, 2026

Being a judge is not a pre-req

Scalia thinks it’s a good thing that Kagan is not a judge.

“When I first came to the Supreme Court [in 1986], three of my colleagues had never been a federal judge,” Scalia said. “William Rehnquist came to the bench from the Office of Legal Counsel. Byron White was deputy attorney general. And Lewis Powell … was a private lawyer in Richmond and had been president of the American Bar Association.”

“I am happy to see that this latest nominee is not a federal judge—and not a judge at all,” Scalia said.

(via ABAJournal)

About Daniel Burton

Daniel Burton lives in Salt Lake County, Utah, where he practices law by day and everything else by night. You can follow him on his blog PubliusOnline.com where he muses on politics, the law, books and ideas. He is active on social media, Republican politics, and has been named to PoliticIt’s list of the “Top-50 Utah Political Opinion Leaders” on Twitter. You can reach him directly at dan.burton@gmail.com