Scalia thinks it’s a good thing that Kagan is not a judge.
“When I first came to the Supreme Court [in 1986], three of my colleagues had never been a federal judge,” Scalia said. “William Rehnquist came to the bench from the Office of Legal Counsel. Byron White was deputy attorney general. And Lewis Powell … was a private lawyer in Richmond and had been president of the American Bar Association.”
“I am happy to see that this latest nominee is not a federal judge—and not a judge at all,” Scalia said.