When I first came to the Supreme Court, three of my colleagues had never been a federal judge. William Rehnquist came to the Bench from the Office of Legal Counsel. Byron White was Deputy Attorney General. And Lewis Powell who was a private lawyer in Richmond and had been president of the American Bar Association. Currently, there is nobody on the Court who has not served as a judge — indeed, as a federal judge — all nine of us … I am happy to see that this latest nominee is not a federal judge — and not a judge at all.
— Justice Antonin Scalia, on ABC News, commenting that he likes the fact that Supreme Court nominee Elena Kagan is not currently a judge.
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