Question: If Clearance Thomas is disbarred, can he still serve on the Supreme Court?

[Taverner]

Just wondering. Disbarring Clinton didn't stop him from being Prez, but the SCOTUS is a different beast

[Myrina]

1. IIRC, in order to practice any kind of law, one must be a member of the (a) bar

n/t

[karynnj]

8. Not for SC justice.

[speltwon]

10. Correct. And I brought this up in another Thomas thread

There is no requirement in law or the constitution that SCOTUS justices ever have been a lawyer, gone to law school, etc, let alone a member of the bar.

[Hosnon]

18. Judges don't practice law. nt.

[JackintheGreen]

2. The Constitution sets no requirements

So theoretically the President could nominate a non-lawyer, though such would still require the approval of the Senate. He would not automatically be disqualified from serving on SCOTUS, but it would be pretty fair grounds for impeachment. Even the repubs would have a hard time calling the Missouri bar "liberal".

From the SCOTUS FAQ
"Are there qualifications to be a Justice? Do you have to be a lawyer or attend law school to be a Supreme Court Justice?

"The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. A Justice does not have to be a lawyer or a law school graduate, but all Justices have been trained in the law. Many of the 18th and 19th century Justices studied law under a mentor because there were few law schools in the country.

* The last Justice to be appointed who did not attend any law school was James F. Byrnes (1941-1942). He did not graduate from high school and taught himself law, passing the bar at the age of 23.
* Robert H. Jackson (1941-1956) did not attend an undergraduate college, but took some law school classes without graduating."

http://www.supremecourt.gov/faq.aspx#faqgi2

[leftstreet]

3. Yes. The Prez can appoint anyone to the Court

You don't have to have a law degree

[TheKentuckian]

4. Sure, you don't have to have ever been a lawyer to be appointed to SC.

Such a thing might lead to impeachment in some environments but not likely this one. Even if pukes turned on Thomas they wouldn't put themselves in a position to have Obama name his replacement.

The odds are higher than absolute zero but only a tiny increment.

[Vinnie From Indy]

5. SC Justices do not have to be lawyers

If Thomas is disbarred he could still sit as a justice on the high court. I would be shocked if he gets disbarred and does not resign. If that happens, you can bet he will be impeached.

[tularetom]

6. As much as he's serving now

IIRC, being an attorney is not a requirement for a seat on the SC>

Disbarment would render any of his opinions even more dubious than they are now, however.

[FiveGoodMen]

11. "would render any of his opinions even more dubious than they are now"

Guess I haven't been paying enough attention...

Thomas has opinions? (Apart from "I agree with Fat Tony"?)

[karynnj]

7. I don't think you have to be a lawyer to be on the SC - I think it would have to be followed

by an impeachment. An impeachment must start in the House. What is the likelihood of that? It would take something far more sensational - creating a huge demand for it even to be a remote possibility. (Though a Republican House might impeach him if that happened if a Republican is nominated in 2012 - heaven forbid. )

[CreekDog]

9. yes, unless he's impeached by congress

:hi:

[enough]

17. And this is why he is completely invulnerable. (nt)

[WolverineDG]

12. You don't need to be a lawyer to be on the USSC

I know, shocking right? But then, Thomas could be replaced by a mannequin & no one would notice.

dg

[Uncle Joe]

13. Yes, but it wouldn't look good on his resume and the job of impeaching him might become easier,

should the Congress ever care enough.

Thanks for the thread, Taverner.

[damntexdem]

14. Yes, because there is no requirement that a SCOTUS justice be a lawyer.

[mulsh]

15. YES he can stay.

Folks really should read the US Constitutionsome time. here's a link to an on line copy. The Supreme Court is covered under Article III. Although the clause about misbehaving just might be applicable


http://www.consource.org/library/1787/09/17/the-united-states-constitution

[blondeatlast]

16. One must be an attorney to practice before the SCOTUS, but not to be a SC justice.

I'd hope he'd have the dignity and respect to resign were he disbarred, but I consider the subject and realize I expect too much of him.