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Dear Yahoo!:
How many U.S. Supreme Court justices weren't judges before serving on the court?
Hermione
Davis, CA
Dear Hermione:
With the ill-fated nomination of Harriet Miers to the Supreme Court, you may be wondering what the qualifications are for this lofty position. However, the Constitution is mum on the matter. Article II, section 2 gives the president power to appoint judges for the Supreme Court, with the consent of the Senate. Article III, section 1 merely states that the "judicial power of the United States shall be vested in one supreme court," and judges can stay in office "during good behavior."

The members of the current Supreme Court were all judges on the U.S. Court of Appeals. But not all Supreme Court judges held prior judicial experience. According to several biographies of the Supreme Court justices, 41 of them weren't judges before sitting on the highest court in the land. They were all lawyers, and many had long careers in public office. One even played professional football.

Some pundits say that Supreme Court appointments are more about presidential favors than judicial experience. This may be true at times, but some political appointees rose to the occasion and had a powerful impact on the country. For example, Chief Justice Earl Warren was crucial in gaining a consensus for the Brown vs. Board of Education case.

It's hard to predict a justice's future decisions based on his or her resumé. We'll just have to follow the news to see what happens.

 
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