WASHINGTON -- For the first time in more than 30 years, an American president has nominated for the U.S. Supreme Court someone without prior judicial experience. It's too bad that President George W. Bush didn't go further and choose a nonlawyer.
The Harriet Miers nomination warrants criticism, but for presidential cronyism rather than her lack of lower court experience. Fewer than half of the 108 people who have served on the high court were sitting judges before their appointments. Practicing lawyers, law professors, and politician-senators, attorneys general, governors, and more -- used to be common.
These different backgrounds diversified the experiences and broadened the judgments of the court's membership. Although the rule of law should not be held hostage to personal peculiarities, in practice building a court majority requires more than simply writing brilliant opinions.