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41 of them had no prior judicial experience. This includes people like John Marshall, Earl Warren, Louis Brandeis, and William O. Douglas.
Would Barack Obama be President today without Earl Warren? Would any of us have a right to privacy at ALL if not for Louis Brandeis? What condition would our First Amendment rights be in right now if not for the fierce and broad free-speech advocacy of William O. Douglas?
From a historical standpoint--our strongest, most courageous, most dedicated liberal lions on the SCOTUS have by and large been justices with NO prior judicial experience. What's more is that nearly all of them started out moderate and become devotedly liberal and progressive within a very short amount of time on the bench. Notice that when we (Americans) start picking nothing but federal judges for the high court, we lose our idealist justices and gain nothing in return but a bunch of wishy-washy moderates.
I, for one, advocate for a LION. I don't care at all about prior judicial experience, so long as the education and ability are there. I look at Earl Warren and see all the proof that I need that being a judge before SCOTUS does not necessarily make you a better SCOTUS justice--at least, not if we want our justices to do anything more than take the "safe way out" and avoid controversy at the expense of civil rights and freedom.
America doesn't need another moderate right now. We need a Warren, a Brandeis, a Douglas. To hell with discriminating based on prior judicial experience--so long as said potential justice is properly educated, understands both law AND lawmaking, and is more likely to be an Earl Warren than an Anthony Kennedy, I will be behind Obama's choice 100%.
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