Eugene Volokh on What We Think We Want in a Supreme Court Judge

In my previous post below on the Miers nomination I ask: In the abstract, what is the "best" experience base for a judge?

That question is a variant of the question: what qualities are we looking for in a judge?

Not surprisingly, Volokh offers an answer with his usual thoroughness and honesty that he might not have it all figured out.

Volokh's list:

Ethics.

Thoughtfulness.

Willingness to consider the possibility that one is wrong.

Ability to work effectively on a multi-member Court.

Ability to set aside one's personal annoyance with or hostility to particular colleagues, lawyers, or litigants, even when the annoyance or hostility is justified.

Understanding of the world and of the likely practical effects of various legal rules.

Clarity and precision of thinking, and ability to write clearly and effectively (or to edit subordinates' work well).

Creativity in thinking up (within the permissible legal boundaries) solutions that accomplish the goals that one is (properly) trying to accomplish, for instance in crafting a common-law rule, or an interpretation of a statute that's consistent with the text yet likely to accomplish the statutory goals.

Willingness to subordinate one's views to the legal commands. (I recognize that there may well be disagreement about the terms of those legal commands -- for instance, how important text or original meaning may be -- but I think most observers would agree that once a judge concludes that some legal rule is binding, the he should comply with it even if he doesn't like the result.)

Willingness to work hard.

Ability to work efficiently.

Good judgment in what to delegate to subordinates.

Its interesting to see how most of the fellow Conspirators are down on the Miers nomination. However, Volokh for the moment is laying low. He did make this post where he compares Miers background with some past Supreme Court Judges. From reading that, he appears to be keeping his up/down opinions on her in his pocket.