Supreme Court Justice John Paul Stevens said Saturday he’ll soon decide whether to step down from his post as the liberal dean of the nation’s highest court.
In comments posted over the weekend on the website of the Washington Post, Stevens said he “will surely” retire while President Barack Obama is in the White House, calming fears of liberal groups that a future Republican president might replace Stevens with a decidedly conservative jurist.
“I do have to fish or cut bait, just for my own personal peace of mind and also in fairness to the process,” Stevens, 89, told the New York Times. “The president and the Senate need plenty of time to fill a vacancy.”
CNN legal analyst Jeffrey Toobin, who Stevens told last month for a profile in New Yorker magazine that he would resolve on his retirement in a month’s time, predicted the 35-year SCOTUs veteran’s retirement is imminent. Observers of the court expect Stevens to announce his intentions on or after April 28, marking the last argument of the court’s current session.
“We are just about at a month,” Toobin said. “I don’t think he meant that precisely to the day, but I think we will hear in the month of April that he is retiring.”
Stevens, the court’s oldest justice, became the object of intense speculation when it was revealed last Fall he hired only one law clerk for the upcoming session, instead of his customary four.
The Obama Administration’s short list to succeed Stevens is said to include U.S. Solicitor General Elena Kagan and federal appellate judges Diane Wood and Merrick Garland.
Both Kagan and Wood were among the leading prospects to replace David Souter, who retired from the court in June of 2009, as it was widely expected Obama would nominate a woman. While the two met with Obama for the post, the president ultimately nominated Sonia Sotomayor.
Kagan, who previously served as Dean of Harvard Law School, was only narrowly confirmed Solicitor General on a 61-31 vote. Kagan’s critics raised concern over her lack of judicial or appellate experience, which handicappers say exists as the greatest hurdle to her potential judgeship.
A memo circulated by conservatives before Obama announced the Sotomayor pick assailed Kagan’s lack of bench experience. “It is difficult to see how her experience fundraising for Harvard Law School qualifies her for a seat on the Nation’s high court,” the memo read. It also described her as “disturbingly out of the mainstream” on social issues like the controversial ban on gays and lesbians serving openly in the armed services.
But the dynamics of a Wood’s confirmation battle would be far different from a potential Kagan confirmation, as Judge Wood’s long and storied record on the issue of reproductive rights promises to serve as a lightening rod for Senate Republicans.
In 2000, Wood dissented against two state-level bans on partial birth abortions from Wisconsin and Illinois. The Supreme Court ultimately rejected her reasoning in 2007, approving a similar ban.
Most noxious to social conservatives, however, is Wood’s ruling that abortion lobbying group Planned Parenthood could use the “RICO” anti-mob law to sue pro-life protesters. The same conservative memo said Judge Wood “has betrayed a consistent hostility to religious litigants and religious interests.”
In his 13 years on the D.C. Court of Appeals, Judge Garland forged alliances on both sides of aisle and may yet be the most moderate nominee for which conservatives can hope. Garland is, as Ed Whelan describes, among a dying breed of liberal jurists — a member of the “once-dominant species of liberal proponents of judicial restraint.”
Other rumored Stevens replacements include Michigan Governor Jennifer Granholm, Homeland Security Secretary Janet Napolitano, Harvard Law professor Cass Sunstein, Stanford Law professor Pamela Karlan and former Georgia Supreme Court Chief Justice Leah Ward Sears. Kagan’s successor at Harvard Law, Martha Minnow, is also said to be under consideration by the White House.
Senator Jon Kyl, a Republican from Arizona, said Sunday on FOX News that it is unlikely his caucus would resort to a filibuster, save for extraordinary circumstances, if it disapproved the the president’s choice.
“I hope, however, [President Obama] does not nominate an overly ideological person,” Kyl said. “That will be the test and if he doesn’t nominate someone who is overly ideological, you may see Republicans voting against the nominee but I don’t see them engaging in a filibuster.”
Steve Maley
KnightsofMalta
Oh goodie. Another round of SCOTUS sound and fury signifying nothing....
acat (Diary) Sunday, April 4th at 11:06PM EST (link)I mean, really.
The Libs took their shots at Roberts and Alito, now the RINOs (well, depending on who’s on Judiciary these days, Repubs and RINOs) get to take their shots at whoever Obama puts up.
Too bad they’ve got such a crap track record. I mean, they couldn’t block Sotomayor, for crying out loud.
I’d like to think they’ve caught a whiff of tea party and are ready to demand a truly qualified candidate – that’d keep Stevens on the court (or leave the court one short) until Obama finds another team of vetters.
Also, Obama is likely to shape the court for a long time to come – Ginsberg is no spring chicken.
When was the last one-term POTUS who put up three Supremes?
Mew
——

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein
William Howard Taft
JamesSmith130 Sunday, April 4th at 11:10PM EST (link)A one-termer who put up *six* nominees.
Taft *Only* Had 5
C.S. McCoy (Diary) Sunday, April 4th at 11:21PM EST (link)n/t
You're right
JamesSmith130 Sunday, April 4th at 11:31PM EST (link)I counted in the six the elevation of Edward White to Chief.
Also this isn't really true
JamesSmith130 Sunday, April 4th at 11:14PM EST (link)“Also, Obama is likely to shape the court for a long time to come – Ginsberg is no spring chicken.”
While I agree that Stevens and Ginsberg will retire in some order in 2010 and 2011, all Obama can do is to replace older liberals with younger liberals. And since liberals are still the minority on the Court, keeping the status quo is not being able to shape the Court for a long time. Unless Obama gets a second term (and probably even if he does), we will still have at least a moderate conservative Court determined by Justice Kennedy’s vote.
Think of it as Opportunity Cost
MikeG (Diary) Monday, April 5th at 10:02AM EST (link)Sure, all Obama can reasonably be expected to do is maintain the moderate status quo, but doing so does shape the Supreme Court’s future by denying the next Republican president the ability to elevate more conservatives to the bench and really tip the scales in our favor (no pun intended). This is why liberals fought so hard during Bush’s two terms to keep lots of lower court nominations from going anywhere: to keep Bush from replacing a liberal judiciary with a conservative one, thus ensuring that things don’t change that much and they keep their stranglehold on the federal judiciary.
This is true
JamesSmith130 Monday, April 5th at 11:00AM EST (link)but what I’m arguing is that practically it doesn’t matter much in the long term whether there are three liberals in dissent or whether there is one liberal in dissent. Yes, it would be better if Stevens/Ginsberg waited until later to retire, but that is unlikely, and in the long term (assuming Kennedy and Scalia are replaced with conservatives), it won’t matter much.
I don’t expect major changes in the Supreme Court until the latter part of this decade, when Kennedy, Breyer, Scalia, and possibly Thomas leave the Court. But I think it is very likely that a Republican President (elected in 2012 or 2016) will replace these justices. If Obama wins in 2012, and a Dem wins in 2016, then I’d be very scared about the Court, but if that happens, we’re probably in a lot of trouble in other areas as well.
And that's the crux
MikeG (Diary) Monday, April 5th at 4:45PM EST (link)We simply cannot predict the future. The current balance of the Court is on a knife’s edge, but we cannot expect that to remain the same. Bush was able, with Roberts and Alito, to make a Warren Court redux unlikely anytime in the foreseeable future, but this isn’t enough. Conservatives have been behind on the judiciary game since FDR was able to replace most of SCOTUS, and we have a lot of catching up to do. Liberals can afford to bide their time, because once in power, they can and will ruthlessly and swiftly push through their agenda (as evidenced by recent events). Conservatives need a buffer, and Obama could deny us that for a generation to come.
Are you sure the liberals are a minority? No way is that remotely true.
weatherford Monday, April 5th at 3:02PM EST (link)But the key thing now is to stop EVERYTHING, except maybe a Resolution declaring National Boy Scout Week.
Let’s speak plainly. We will have a conservative majority only if two vacancies are kept vacant or the Presidency goes to a non-RINO Republican with at least two appointments, including a Kennedy retirement.
For the present, the United States Senate needs a heavy dose of testosterone.
No more UCs on procedural motions of any type. No more time agreements of any type. No more sell-out Mitch.
The Senate needs to man the barricades and quit fretting about appearing to be reasonable. WE MUST WIN. And the only immediate way to saving our freedom until November is through the United States Senate gutting up to the role the framers had in mind for it by empowering a minority of Senators with the ability to change history.
There are signs that Senator DeMint is showing the way to others. God bless him and allow him — and the small handful of others he may need — to prosper and for Mitch to stand aside or, even better, to help.
For better or worse, direct action from here to November is with a brave few in the Senate Republican Caucus.
The liberals are a minority
JamesSmith130 Monday, April 5th at 3:19PM EST (link)I count 4 of them. That is not a majority.
Kennedy votes with us more not. He is a lot better of a swing voter than O’Connor was. And short of replacing him with a real conservative, the best way to get him to on vote our side more often is to have some Alan Grayson-like buffoon attack Kennedy and call him a coward.
As far as blocking any nominee, I just can’t see Snowe/Collins going against any female nominee. These two supported partial birth abortion! If you can’t stand up on that, what can you stand up on?
Hoover and Harding
C.S. McCoy (Diary) Sunday, April 4th at 11:19PM EST (link)Hoover put up three. Harding takes the cake, though, appointing 4 in just his 2 1/2 years in office. Nixon also appointed 4 during his abbreviated, although 2-term, tenure.
They Didnt Have a Filibuster for Sotomayor
Swamp_Yankee (Diary) Sunday, April 4th at 11:26PM EST (link)That whole game was to discredit her and Obama. There was no way for the GOP to stop the Dem pick unless Obama appointed a Van Jones type. In the long run, the Sotomayor pick had some advantages for conservatives given the circumstances for a variety of reasons.
If Stevens hangs around, the Senate will be much more conservative next year. So he has reasons to go. But if he leaves, GOP vetting could kill precious weeks and months off these last months of the Democratic super majority.
Question is whether
JamesSmith130 Monday, April 5th at 9:32AM EST (link)much vetting will be allowed. I fully expect Obama to announce Elena Kagan, and Pat Leahy will shove it through committee in July on a party line vote. Any vetting will have to be done on the Senate floor.
Vetting on the Senate Floor for at least two to three months as in the Panama Canal Treaties is a demand Mitch cannot be permitted to deny.
weatherford Monday, April 5th at 4:06PM EST (link)The first step is to keep debate open through the August recess and to simply ignore the recess if necessary.
This is going to be a real test for Scott Brown and, unfortunately, a significant number of others.
Under the old rules and precedents, there would be at least two procedural votes before a nomination could even come up, but the myopic GOP managed to kill the pure motion to proceed to executive session and replaced it with a motion to proceed to executive session to consider a particular nomination on the executive calendar. It thereby permitted a violation of almost two centuries worth of following the critical prohibition on conducting executive business in legislative session and, by inference, the converse.
On the presently practical side, Mitch still needs to be watched to prevent a clearing of the Executive Calendar so the Sup. Ct. nominee can be at the top of the list. Not falling into that trap would at least allow objection to the improper motion to proceed to executive business by rifle shot, preserve the motion to proceed once in executive session, tend to preserve extended debate of the motion in improper form, and also open up a constitutional point of order under the unamendable state’s rights provision in the Constitution that no state, without its consent, can be denied equal suffrage in the Senate.
Sound obscure? Look, what we need to see, as in the past, are a few roll call votes on motions to table the Lord’s Prayer.
Now is a time when anything and EVERYTHING that slows the clock needs to be utilized without apology and to the max. Harry Reid and the GCM need to be told to go to Hell.
Possibly an arcane points? No, all of them illustrate that power unexercised is power lost.
And blunders of that type are now impermissable. Power used is power gained.
As I said in the other post
JamesSmith130 Sunday, April 4th at 11:09PM EST (link)I expect Stevens or Ginsberg to retire and Elena Kagan to be the replacement. I think Obama knows and likes Kagan, and wanted in his heart to pick her to replace Souter. But he had to first meet a racial quota and put a Latina on the Court.
I predicted this a while on confirmthem, which unfortunately is no longer active.
But I’m glad to see some talk about judges here.
This Isn't All That Surprising
C.S. McCoy (Diary) Sunday, April 4th at 11:27PM EST (link)Unlike Souter’s retirement, this isn’t particularly shocking. The guy turns 90 this month. It was pretty much a given during the ’08 election that the winner would get to replace him. Wouldn’t be all that surprising to see Ginsburg bail out, either. Hopefully Breyer, the next oldest, will stick around until we can get The One out.
There might be a chance...
donnylatenight (Diary) Sunday, April 4th at 11:30PM EST (link)First of all, when Kyl says the Republicans would only consider a filibuster in Obama’s nominee was ‘Overly Ideological’…
To me that says that a filibuster is in the works. The Supreme Court is no place for a Left Wing guy like Obama to throw a bone to the ‘moderates’ of the country. His pick will have an ultra left wing activist record and after the alienation of all the RINOS during the healthcare debacle and the subsequent partisan victory laps, he may be fresh out of friends in the ‘Olympia Snowe’ caucus in the senate.
http://www.redstate.com/donnylatenight/2010/03/23/time-to-go-to-the-mattresses/
Good thing Kyl showed his cards early
bannedtroll Sunday, April 4th at 11:33PM EST (link)Why doesn’t he just come out and give the Emperor the go-ahead to pick the most cockeyed moonbat he can find – no filibuster here!
Seriously, no wonder why Republicans don’t have a permanent majority. What’s wrong with, “We are looking for Constitutional constructionists – not activists. We are prepared to block anyone who cannot uphold the Constitution in earnest.”
I’m a banned Democrat who came here to promote the idea that Republicans are racists for disliking Barack Obama.
We don't have 51 votes in the Senate.
Moe Lane (Diary) Sunday, April 4th at 11:57PM EST (link)We don’t even have the 45 we’d need to make a credible filibuster threat for Garland (Kagan and Wood we could probably manage on our current 41).
Elections have consequences.
The Kim Kardashian of blogging.
Check out my blog at http://moelane.com/.
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My (combined) wish list.
I doubt we'll be able to stop
JamesSmith130 Monday, April 5th at 8:44AM EST (link)Kagan, either. Remember that 9 GOP senators voted for Sotomayor.
I doubt we would be able to stop Wood on our own either, Snowe and Collins would probably vote for her. But it is likely that Ben Nelson would vote no on a pro-abortion extremist.
That was still in Obama's honeymoon, though ...
acat (Diary) Monday, April 5th at 11:28AM EST (link)The honeymoon is long over.
I’m hoping the Repubs and RINOs on the Judiciary committee are paying attention to Utah’s Sen. Bennett, who is close to getting put out to pasture, and I’m hoping they remember the thorough grilling given to Justices Roberts and Alito.
This ain’t beanbag, Senators, and your constituents are watching.
Mew
——

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein
The problem is Snowe and Collins
JamesSmith130 Monday, April 5th at 11:55AM EST (link)I don’t have any trust in people who cannot even oppose partial birth abortion. Any female nominee will be rubber stamped by these two.
I can see in a perfect scenario that the other 39 vote no, and maybe join a filibuster. Not Snowe and Collins. They’d rather be Specter than Bennett.
Yeah, because being Arlen is such a good career move ...
acat (Diary) Monday, April 5th at 12:43PM EST (link)I think Snowe and Collins have woken up, at least to the idea that they need to be more cautious in their “maverick-y-ness”.
They were the logical two to go for health care, and they didn’t.
They have to be in fear of the kind of national-scale backlash that’s hitting Utah and Nebraska and Florida – it may start with out-of-state money but, once a local conservative starts asking good questions it doesn’t necessarily *stay* out-of-state. Historical voting records would give any Maine Conservative who wants to step up a very good list of questions to ask….
Mew
——

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein
can't believe I left off Scott "Massachusetts Miracle" Brown ... (n/t)
acat (Diary) Monday, April 5th at 12:44PM EST (link)Seriously – how did I forget to include him?
Mew
——

“All that is gold does not glitter, not all those who wander are lost”. –Tolkein
Cockeyed Moonbats
AndrewHyman (Diary) Monday, April 5th at 12:50AM EST (link)Personally, I don’t think there’s a whole lot of difference between Obama picking the most cockeyed moonbat he can find, versus picking someone who seems a bit less wacko like Justice Ginsburg. Either way, it would be a solid vote for liberal judicial activism, so I don’t see the point in even threatening a filibuster, much less following through with one.
Actually a moonbat
JamesSmith130 Monday, April 5th at 9:28AM EST (link)may be better for two reasons, one it would eviscerate any suggestion that Obama is somehow centrist and mainstream. Secondly, it might actually help us hold Justice Kennedy more often if a left-winger is writing bombastic dissents.
Any chance that confirm them might be restored? Even though we’re not interested in confirming any of these judges, it was a nice place to discuss nominations and judicial issues.
It's too bad Dawn Johnsen was not on the list.
Menlo (Diary) Monday, April 5th at 12:38AM EST (link)She is so far detached from the “mainstream” that she couldn’t even get all the Democrats’ votes.
As for Stevens, I still can’t get past his statement “I am a conservative” in an interview back in 2007. If that is not an indication of the meaninglessness of self-identified ideology, I don’t know what else is.
“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter
Garland would be an improvement on Stevens
Adjoran (Diary) Monday, April 5th at 4:28AM EST (link)But then, so would a rock.
It´s payback time
Castor (Diary) Monday, April 5th at 8:45AM EST (link)Filibuster is job number one.This is the opportunity to show Obama what he sowed with all his backroom deals on healthsnare, he will reap with Steven´s replacement.
The conservative court...
bazinga Monday, April 5th at 9:11AM EST (link)Gave us the Citizen’s United decision…
enough said….
All The More Reason.....
wolfgang Monday, April 5th at 9:47AM EST (link)…to ensure that a Republican majority occurs in Congress this November.
Stonewall this despotic Communist b@st@rd’s picks, even if it means a vacancy in the SC until after the 2012 election.
The appointment of another uber Liberal Supreme Court Judge and the legalization and subsequent rendering eligible to to vote of 40 million illegal immigrants would be catastrophic to this nation, its institutions, its people, and their freedom and liberty. The erosion of liberty might proceed so far under these circumstances that the only way to right this ship of Democracy that the founders set sail on two hundred thirty years ago would be by force of arms.
Baracky Obamunist musing “If I legalize fourty million illegals, do you think they’ll make me president for life?”
“Et tu Brute’?”
Aye wolfgang. It's the only way to slow the devastation.
jdw4america (Diary) Monday, April 5th at 2:07PM EST (link)Left to their own devises, the Ds would doubtless press on with a socialist, activist jurist. We must, in no uncertain terms, hold the line here.
After November, when the House and Senate are R-controlled, barry will be restrained more easily. We don’t have to stop the appointment then, because he won’t get enough votes for an uber-lib.
In 2012, he will be fired.
replacement
rawdawgbuffao Wednesday, April 7th at 10:31AM EST (link)I just hope Obama does’t try and place Cass Sunstein on the court.