Instead, Kagan would join a court in which the other eight justices served as federal appellate judges.
“I think it’s a good thing,’’ said Ohio Attorney General Richard Cordray, who was a Supreme Court law clerk with Kagan in 1988. “I don’t think everybody has to serve on a federal court of appeals to be nominated.’’
Virginia E. Sloan, president of the Constitution Project, a Washington organization that champions the rights of criminal defendants, said she is “not sure how we got into this posture where we choose only from the judiciary. It’s good to have people with a variety of different experiences.’’
Sen. Sherrod Brown, D-Ohio, appeared comfortable as well, saying Kagan’s “diverse background has given her a unique understanding of how the law affects everyday Americans.’’
By contrast, Sen. George V. Voinovich, R-Ohio, who voted against confirming Kagan as solicitor general last year, was uneasy, saying the Senate needs to conduct “an exhaustive review of her record’’ because of her absence of judicial experience. “This is a lifetime appointment,” he reminded.
As solicitor general, Kagan argued the Obama administration’s cases before the high court. She also is a former dean of the Harvard Law School, which means she has the experience of being a law professor — like four existing justices.
“She fits very well into that mold,’’ said Deborah Jones Merritt, a professor of law at Ohio State University and a former law clerk to Justice Ruth Bader Ginsburg.
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