I think that Governor Dannel Malloy’s nomination of Andrew McDonald to the Supreme Court is great. And I have no doubt that he will be confirmed. Both houses are controlled by Democrats and McDonald, a former state senator, still has lots of friends in the legislature. Plus, he is a superb choice and, I think, may help heal some long-festering rifts between the Judicial Branch and the other branches of government.
Some, like Chris Powell, the managing editor of the Journal Inquirer, have suggested that McDonald is unqualified because he lacks judicial experience. I disagree. I remember speaking with Nell Newton, UConn Law’s former dean, about why her faculty was very willing to participate in moot court events but not mock trials. Well, she said, trial practice is not something most law professors are skilled at, but appellate practice focuses much more on the tension between different policy issues, all of which have equally defensible legal bases, and something that law professors are really good at.
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