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Politics : View from the Center and Left
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To: Wharf Rat who wrote (136604)4/14/2010 1:32:51 PM
From: Bread Upon The Water  Read Replies (1) of 542941
 
"It just takes wisdom."

It does, but in the context of legal principles and a good understanding of Constitutional "theology." One can't break new ground without understanding the context of where we've been.

Additionally, understanding the arguments of most legal briefs requires an ability to understand the law's nuances.

Just as a research scientist incorporates basic scientific principles into his research as well as a particular speciality knowledge of his field it is the same thing with SC Justices.

It may seem like all it should be is common sense, but seldom is the law "common" and often it doesn't seem to make sense--at least without an understanding of the context in which it developed. If you read the Wiki answer I provided to Paul Kern you would see there never has been a non-lawyer SC Justice (even though there is no legal requirement that a Justice be an attorney).
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