this post was submitted on 05 Aug 2023
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Politics
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He should be disbarred. Can't be a judge if you're not an active lawyer.
Edit: can't be a judge is correct, unfortunately the scouts cleverly dodges this by not naming them as judges, but rather justices, which are not held to the same standards.
False. Even the SCOTUS website says this. "The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. A Justice does not have to be a lawyer or a law school graduate, but all Justices have been trained in the law."
I stand corrected. Would appear they were careful in using the term justice instead of judge for that very reason. I do weber what would happen if he were disbarred... would the other justices pressure him to resign, since the disbarment apparently wouldn't affect his status as a justice...
It's not even generally true for appointed federal judges. There are no formal job requirements to become a federal judge.
That's actually really depressing. We've created a political role based on legal definition that bypasses all of the normal expectations. Not that I'm overly surprised, everything to do with politics is truly all about obtaining and maintaining power however possible.
The issue is that you would have a small group of industry insiders telling everyone else to can and can't be a judge. It would also be easier to target people and prevent them from becoming a judge by getting them disbarred through a non-government process.