National Journal.com

nationaljournal.com > The Ninth Justice

NationalJournal.com Home The Ninth Justice  Home The Ninth Justice Home

National Journal's The Ninth Justice

Tuesday, July 28, 2009

Sotomayor In Context: Federal Bench Experience

Sonia Sotomayor's supporters -- and even some detractors -- have praised her for her long judicial career. What stands out in particular is that she would become only the second justice to join the Supreme Court since 1937 with any federal district court experience at all, according to a NationalJournal.com analysis.

Sotomayor's 17-year career on the federal bench ranks just ahead of Samuel Alito's 16 years and Stephen Breyer's 14 years among the 43 nominees of the last 72 years, as shown in the graph below. Six of those years were spent in district court, more than the two logged by Justice Charles Evans Whittaker, who joined the Supreme Court in 1957.

Among failed nominees, Nixon pick G. Harrold Carswell had 11 years of federal trial court experience. Johnson selection William Homer Thornberry had two years.

Many legal experts and sitting judges at the appellate and district levels have applauded this part of Sotomayor's resume; they say the high court too often sets precedents without taking into serious consideration how they should apply at the lower levels.

If Sotomayor is appointed, the justices with double-digit years of experience on the federal bench would make up the majority for the first time in the decades covered by this analysis. In addition to Alito and Breyer among current justices, Ruth Bader Ginsburg and Anthony Kennedy both had served 13 years before joining the Supreme Court. Retiring Justice David Souter served a mere handful of months on the federal appeals bench.

Editor's note: This is the fourth in a series examining historical data from a database compiled by Northwestern law professor Lee Epstein and her colleagues. Check back for more context and analysis on Sotomayor.

Categories:

Comments


To post a comment, you must provide a name and a valid e-mail address. Messages must be limited to 400 words. By using this service you agree not to post material that is obscene, harassing, defamatory, or otherwise objectionable. Although The Ninth Justice does not monitor comments posted to this site (and has no obligation to), it reserves the right to delete, edit, or move any material that it deems to be in violation of this rule.

Advertisement
Get Print-friendly version of this page E-mail this page to a friend Subscribe to comments for Sotomayor In Context: Federal Bench Experience Follow us on Twitter
Advertisement

Stay Connected

Archives

Blogroll

Add The Ninth Justice to your site

Blogs

Hotline On Call

The Sunday Showdown

November 22, 2009 3:13 pm
Pollster

A Big Fat 'Outlier'

November 22, 2009 10:27 am

Experts

Experts: Health Care

Troublesome Directions

Latest response: Robert GreensteinNovember 20, 2009 3:38 pm