Biden for the Supreme Court? A Subsidy for Comedy Writers
At White House Dossier earlier this week, reporter Keith Koffler speculated (tongue seemingly half in cheek) about the possibility of President Obama moving Vice President Biden to the Supreme Court to open up the bottom of the Democratic Party's presidential ticket.
Putting Biden on the Court is just a plot by the comedy writers union to keep themselves in business long after the Obama administration has left the stage. Not only would it keep everyone's favorite gaffe artist around, but it would give Biden a regular speaking opportunity every month during oral argument, where he would have a captive audience of at least two oral advocates. One must pity the counsel who would have to listen to Biden's speeches -- I mean, answer his questions--from the bench. And imagine the possibilities: Biden not just on gay marriage, but on physician-assisted suicide, religious groups in school, abortion, GPS tracking.
But the serious point is that it might not be so bad to have someone other than a judge on the Court. Agree with their decisions or not, but the two greatest Chief Justices in Supreme Court history -- John Marshall and Earl Warren -- were not lower court judges. Experienced judges bring a particular viewpoint to the job, one that lawyers will generally applaud since they all come from the same culture and have the same training and professional values. But it may not be the best view (or at least one that should be exclusive) on a Court that is becoming increasingly embroiled in political issues.
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Mar '11
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Biden on SCOTUS isn't a comedy. It's a horror story. And I wouldn't discount the possibility.
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
With Joe Biden on the bench, the justices would finally have to agree to televise arguments. The ratings for sessions would be higher than most sitcoms, and there would be no need for a laugh track.
Oct '11
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
A non judge on the court undoubtebly has its benefits... so long as that non judge is not Biden.
Dec '11
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
I love reading Clarence Thomas' dissents.
Sep '10
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Walter for President; Biden for Supreme Court.
May '10
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Joe Biden is the only way Obama can pack the court without adding to the number of justices. His first "question" would run the entire oral argument.
I do like the idea of having a non-Yale/Harvard Law grad on the court but I'm not sure the 76rd of 85 from Syracuse Law is where you start for legal education diversity.
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
I know it would mean the beginning of the End Times, but as a comedy writer, it would make my job so easy.
I'm torn.
Jun '10
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Yes, I've been particularly pleased with the service of Justice Kagan, and look forward to our next Associate Justice, Cass Sunstein.
May '12
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Every joke has an element of truth and the speculation of this happening proves, once again, that Democrats are immune to Murphy's Law. Biden rose to his level of incompetance shortly after leaving Delaware, yet he continues to cast his plague on all houses. The Biden to Sec of St/Hillary to VP swap played for awhile earlier. This is a less likely scenerio. Currently a spot is not available on the court so this is fortunately just scary conjecture. Heaven forbid a conservative or moderate spot open for whatever reason, but even a liberal opening would not likely be filled before March 2013 - just ain't happening folks.
Jun '10
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
When I was in law school back in the 1970s, the consensus best professor at my law school was a big rangy Texan, E. Wayne Thode, a man who practiced law for many years before becoming a law professor. He was superb because he brought the intellect of a first-rate legal mind and the practical experience of a practicing lawyer. The worst professors were ones who excelled in law school, never practiced law, and went right into teaching. They lived in an abstract world.
Likewise, I believe the Supreme Court would great benefit from the practical experience that a good conservative practicing lawyer would bring to the bench. Having prior judges on the Court is not a bad thing, but it's not the only background that can create good judges.
For the worst kind of judge, take a career politician with crappy law school credentials. What you end up with is the most unholy of combinations: the will to power and a second-rate mind.
Edited on May 24, 2012 at 11:16pmMar '12
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Sounds like the answer to the question, "What's the opposite of a wise Latina?"
Aug '10
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Was the Harriet Miers nomination much less risible?
Mar '12
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
As far as I know, she did not get caught plagiarising in law school.
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
John, it might be better to put a non-lawyer on the court -- someone who does not mistake the jurisprudence of the last eighty years for the Constitution.
Jan '11
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Think on the bright side ... we'd get to hear Clarence Thomas laughing hysterically.
May '12
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
I don't understand this line of thinking especially the suggestion that we need non-lawyers on the court. Using the same logic, why don't we say that we need a person who does not know how to read to make policies. I don't agree with everything SCOTUS has written in the last 80 years. As a prosecutor, I think the recent U.S. v. Jones is a ridiculous decision that has bizarre implications. But by saying you want a person other than a lawyer on the court, aren't you suggesting you want some one who hasn't studied the law, doesn't understand the law, and won't know the law there. Why not bring in some guy who slept at a Holiday Inn last night to do brain surgery while we're at it?
Apr '11
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
Impeach ̶E̶a̶r̶l̶ ̶W̶a̶r̶r̶e̶n̶ Joe Biden! ;-)
Jul '10
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
On what basis do we consider Chief Justices great besides their opinions? Earl Warren was a disaster.
Aug '11
Re: Biden for the Supreme Court? A Subsidy for Comedy Writers
I'm just looking forward to Justice Biden's tome "Commentaries on the laws of England".
Edited on May 26, 2012 at 2:33pm