The one thing supporters and opponents of Elena Kagan’s nomination to the Supreme Court should agree on is this: it’s about time we had some non-judges on the high court…again.
The history of the Supreme Court is one filled with brilliant (and some not-so-brilliant) members who had never been judges before being confirmed. That was once considered not only normal, but a good thing. The non-judges have been some of the most remarkable names in the Court’s long history: Marshall, Brandeis, Frankfurter, Rehnquist, Warren. Thirty-seven other justices were part of the …