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Ms. Kagan is likewise a surprising choice because she lacks judicial experience. Most Americans believe that prior judicial experience is a necessary credential for a Supreme Court Justice.
I mean, one reason I felt so strongly about Harriet Miers’s qualifications is I thought she would fill some very important gaps in the Supreme Court. Because right now you have people who’ve been federal judges, circuit judges most of their lives, or academicians. And what you see is a lack of grounding in reality and common sense that I think would be very beneficial.
– Sen. Cornyn, Oct. 27, 2005