In a speech sponsored by Catholic University's Columbus School of Law, Scalia said being a judge was not a requirement in the past. And he’s glad that nominee Elena Kagan has a different background. ABC News and the Washington Post reported on his remarks.
“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.