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I never thought the person needed to be a judge, but at least the candidate needs to have some experience in actual trials involving constitutional issues. I could serve as a judge in criminal trials (and in fact, DO at the traffic court/misdemeanor level now and then) because of my experience. I'd be woefully out of my league if I were asked to decide tax law questions. Of the names bandied about on MSNBC this morning, Ted Olsen was mentioned, and he'd be someone not currently a judge that I'd say was qualified to handle constitutional issues.
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AVOR
A Voice Of Reason, not necessarily the ONLY one.
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