A Quote by Deborah Rhode
The cliché is what are the qualifications for a federal Court of Appeals judge is somebody who knew a senator once. I mean the process of selection is deeply political and yet we expect the result to somehow stand above it.
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The federal judiciary is unlike the other branches of government. And once confirmed, a federal judge serves for life. And there's no court above the Supreme Court.
In my life, I've seen everything, and one thing I know for sure is you can't win in the federal court. You're going against the government of the United States. You don't beat a federal court, a federal judge, and the FBI - there's no way.
I think whether you are a judge on my court or whether you are a judge on a court of appeals or any court, and lawyers too - and if you're interested in law yourself, you'll be in the same situation - you have a text that isn't clear. If the text is clear, you follow the text. If the text isn't clear, you have to work out what it means. And that requires context.
You have a person there in Senator McCain that has an integrity in him and will stand up for the political process.
After law school, I had the opportunity to clerk for a tremendous judge, Leonard I. Garth, on the U.S. Court of Appeals for the 3rd Circuit, the court to which I was appointed in 1990.
Indeed, only one Supreme Court justice in history, one Horace Lurton, nominated by President [John] Taft, had more federal appeals court experience [than Samuel Alito].
Judges certainly have political connections and strong political views, but that doesn't mean they can't rise above politics when they hear cases. We expect them to, and the law presumes they do.
You put these politicians in office, but then you've got to tell them what you want them to do. And it's intimidating to most people. I was intimidated by it. I mean, calling my senator or writing my senator? I'm like, what do I say? What do I do? But we're showing people that the political process is actually less intimidating than we think.
You don't expect people to go, "music has just been reinvented!" But the hope is that people won't say, "this is the most boring cliché." I mean, that's one of my pursuits, is trying to not become a cliché, or get stuck in that. But even that's a cliché in itself! It's difficult! But I think it's worth it.... It's a real vicious circle there.
It's an unbelievably tough process. And there ain't no bums in the Hall. I mean, they're putting in great players every year. The selection committee they have, I believe, is the right selection of people.
In America, where the electoral process is drowning in commercial techniques of fund-raising and image-making, we may have completed a circle back to a selection process as unconcerned with qualifications as that which made Darius King of Persia. ... he whose horse was the first to neigh at sunrise should be King.
Is it in the best interest of baseball to sell beer in the ninth inning? Probably not. The rule has got to be more clearly defined. And then some process should be set up where the judge is not also the appeals judge.
My first job out of law school was on the Court of Appeals for the Tenth Circuit, where Gorsuch is a judge. I observed in the year that I worked at the court what many litigants and commentators have since noted: that Gorsuch possesses an incisive legal mind, writes with skill and wit, and is scrupulously fair.
The circus doesn't stop. A federal appeals court has postponed the recall election. How stupid are we? Even our recalls get recalled.
In my first week as a U.S. senator, I had the privilege of participating in the Supreme Court confirmation hearing for Judge Sonia Sotomayor.
Where trial-court and appeals-court nominees were once routinely confirmed on voice vote, they are now routinely subjected to ideological litmus tests, filibusters, and vicious interest-group attacks.
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