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THE PROGRESSIVE REVIEW - April 12, 2010
Supreme Court Justice Stevens Will Retire in June
by: Michael Doyle and David Lightman
McClatchy Newspapers
Washington - Supreme Court Justice John Paul Stevens
announced his retirement Friday, setting up a long-
anticipated confirmation battle during the most sensitive
of political seasons.
Stevens, who'll turn 90 on April 20, said that after
34 years on the high court it was time to step down.
"It would be in the best interests of the court to have
my successor appointed and confirmed well in advance of
the commencement of the court's next term," Stevens said
in a letter to President Barack Obama.
A Supreme Court representative conveyed Stevens' letter to
the White House at about 10:30 a.m. Friday. White House
Counsel Bob Bauer called Obama with the news, reaching the
president aboard Air Force One as Obama was returning from
the nuclear treaty signing in Prague.
Stevens' departure in June at the end of the 2009-10 term
will remove from the court its most senior justice as well
as the linchpin of what's now the liberal wing. Stevens'
retirement also will ensure that the Supreme Court is
front and center during the upcoming midterm congressional
elections.
For conservatives and liberals alike, the pending court
vacancy will become a way to mobilize the troops as well
as to wage proxy fights over hot-button issues, including
abortion and wartime security.
For Obama, the vacancy provides a challenge and an
opportunity.
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Republicans are eager to unite around an issue that will
engage their conservative base. The president's Democratic
Party controls 59 seats, one short of the number that's
needed to stop a filibuster. In a break with tradition,
some senators have signaled that they wouldn't be reluctant
to filibuster a Supreme Court nominee.
Stevens' departure also provides Obama a second chance to
shape the court with a relatively young justice who'll be
interpreting the Constitution for the next several decades.
Because of Stevens' relatively left-of-center position,
the new justice may not tip the court's overall ideological
balance.
"I hope that senators on both sides of the aisle will make
this process a thoughtful and civil discourse," said
Democratic Sen. Patrick Leahy of Vermont, the chairman of
the Senate Judiciary Committee.
"Americans can expect Senate Republicans to make a
sustained and vigorous case for judicial restraint
and the fundamental importance of an evenhanded reading
of the law," cautioned Senate Minority Leader Mitch
McConnell, R-Ky.
The experience of the president's first court choice,
Justice Sonia Sotomayor, may foreshadow the political
conflict to come. Thirty-one Republicans opposed her,
including some who'd traditionally crossed party lines
to approve Democratic choices in the past.
Nine Republicans voted for Sotomayor.
Gary Jacobson, a political scientist at the University of
California, San Diego, put it this way: "Given the track
record of the Senate Republicans, anybody Obama supports
is going to be attacked. They're geared up for battle. The
question is can Republicans oppose the nominee without
embarrassing themselves too much."
Having named Sotomayor as the first Hispanic justice on
the Supreme Court, Obama now could make more history.
The nine-member court has never had more than two women
serving at a time. Obama can change that if he reinforces
Sotomayor and the 77-year-old Justice Ruth Bader Ginsburg
with a female nominee. Several possibilities exist.
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A very serious contender is Solicitor General Elena Kagan,
the first woman to hold that prestigious post as well as
the first female dean of Harvard Law School. An appellate
judge who was considered seriously last year, Diane Wood
of the Chicago-based 7th U.S. Circuit Court of Appeals,
knows Obama from their teaching at the University of
Chicago Law School.
The president might name a second Hispanic justice, Judge
Kim Wardlaw of the 9th U.S. Circuit Court of Appeals.
Michigan Gov. Jennifer Granholm comes from the non-
appellate world, which Obama has said he'd like to make
use of.
Alternatively, the president might try to name the first
Asian-American to the court. Although only seven Asian-
Americans are serving on the federal bench, the president
could search elsewhere; for instance, by tapping his top
State Department lawyer, former Yale Law School Dean
Harold Koh.
Regardless of whom the president nominates, a fight is all
but guaranteed. Currently, only six of Obama's 15 appellate
court nominees have been confirmed.
The last unanimously approved Supreme Court justice was
Anthony Kennedy, 22 years ago. The deeply conservative top
Republican on the Senate Judiciary Committee, Sen. Jeff
Sessions of Alabama, was himself rejected by Democrats
when he was nominated to the federal bench, and midterm
election years generally only harden positions.
Stevens' retirement announcement wasn't unexpected. He'd
hired only one law clerk for next year, instead of the
customary four. He would've had to serve roughly another
year to become either the oldest or the longest-serving
Supreme Court justice.
The longest-serving justice will remain William O. Douglas,
whose seat Stevens took after President Gerald Ford
nominated him in 1975.
At the time, Stevens was serving on the 7th U.S. Circuit
Court of Appeals. A Northwestern University Law School
graduate and Navy veteran of World War II, he was deemed
a conventionally moderate Midwestern Republican at the
time.
Stevens "has earned the gratitude and admiration of the
American people for his nearly 40 years of distinguished
service to the judiciary, including more than 34 years on
the Supreme Court," Chief Justice John Roberts Jr. said
Friday. "He has enriched the lives of everyone at the
court through his intellect, independence and warm grace."
McClatchy White House Correspondent Margaret Talev also
contributed to this report.
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