Stevens' Clerks Believe He Will Retire Next Spring

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First Posted: 09-14-09 10:47 AM   |   Updated: 09-14-09 11:26 AM

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Justice Stevens

Newsweek:

Less than two weeks ago, Supreme Court Justice John Paul Stevens made news in a typically elliptical court way. He announced that he had hired only one -- as opposed to the full complement of four -- clerks for next year. Reporters and bloggers (not always the same thing) speculated that Stevens, who is approaching 90 years old and who has been on the court since 1975, will retire at the end of the court's spring term. But let me replace the speculation with something a little firmer. Though there are no sure things in life or judging, Stevens' legion of former clerks are convinced that he will in fact retire late next spring. Stevens is known as particularly punctual and exacting about lining up new clerks early in the year. The fact that he did not do so is a certain indiction that he will step down, one of his former clerks told me this week. "There is NO WAY he would go into next year without the full group," said this clerk, who spoke on background out of respect for court tradition and the behind-the-scenes role of clerks. Another former clerk, speaking on the same condition, agreed. "He's still vigorous and I think he wants to leave the court that way," this clerk told me.

Read the whole story: Newsweek

Less than two weeks ago, Supreme Court Justice John Paul Stevens made news in a typically elliptical court way. He announced that he had hired only one -- as opposed to the full complement of four -- ...
Less than two weeks ago, Supreme Court Justice John Paul Stevens made news in a typically elliptical court way. He announced that he had hired only one -- as opposed to the full complement of four -- ...
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Alito will be out soon, so we will soon have a majority. It has been found out that Alito lied to congress and that an aide stole the notes of the interviewers and gave them to Alito so that he would be able to ace the questions.

    Favorite    Flag as abusive Posted 11:25 AM on 09/15/2009
- mcmutter I'm a Fan of mcmutter 110 fans permalink
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We need a flaming left wing liberal.

    Favorite    Flag as abusive Posted 08:24 AM on 09/15/2009
- Clovie I'm a Fan of Clovie 16 fans permalink
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Can we please have a true progressive appointed to replace him?

    Favorite    Flag as abusive Posted 03:35 PM on 09/14/2009
- Inquisitr I'm a Fan of Inquisitr 49 fans permalink

Nope, gender/race matter more to Obama and President Rahm

    Favorite    Flag as abusive Posted 05:56 PM on 09/14/2009
- DavidOH I'm a Fan of DavidOH 4 fans permalink

Yes, because we need more white men on the Court since there's such a shortage of them.

    Favorite    Flag as abusive Posted 10:16 AM on 09/15/2009
- unhhockey I'm a Fan of unhhockey 37 fans permalink
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I am happy with Sotomayor. I think she will surprise a lot of her liberal critics.

    Favorite    Flag as abusive Posted 10:13 PM on 09/14/2009
- factotem I'm a Fan of factotem 161 fans permalink
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Let's just be done with the republic, and stick a coporation in his seat.

    Favorite    Flag as abusive Posted 02:32 PM on 09/14/2009
- KarateKid I'm a Fan of KarateKid 405 fans permalink
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Things won't change until Coke Can and Scalia step down, hopefully during Obama's second term.

    Favorite    Flag as abusive Posted 02:25 PM on 09/14/2009
- marecek I'm a Fan of marecek 21 fans permalink

No way is that going to happen. Thomas is only 61 (he was 43 when appointed), so he is likely to hang around for another 20 years plus (oh, goodie). Scalia has only been serving 5 years longer than Thomas, but he is older (now 73). Still he is still not that old when you compare him to Stevens, who either is 90 or is about to turn 90. Scalia could also hang on for another 15 years. I honestly think that Scalia will be going out vertical, just like Rehnquist did. You'll have to pry that gavel from his cold, dead hands.
Personally I do not think it appropriate to wish for anyone's death, but I would like to impart a funny antedote. Earl Warren unexpectedly got the Chief Justice seat in 1953 because his predecessor, Vinson, died quite suddently of a heart attack. One of the Associate Justices at that time, Felix Frankfurter evidently did wish for his death as he referred to his sudden demise as the first clear evidence he had ever had that there is a God. Quite nasty was he (and perhaps so was Vinson).

    Favorite    Flag as abusive Posted 06:55 PM on 09/14/2009
- KarateKid I'm a Fan of KarateKid 405 fans permalink
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Well, once you reach that age, you never know. Life can be fleeting, here on minute, gone the next.

    Favorite    Flag as abusive Posted 01:46 PM on 09/15/2009
- DennyCrane I'm a Fan of DennyCrane 27 fans permalink

I wish Supreme court justices had term limits and could only serve one term. Why do we still allow them life terms? John Roberts will be there for another 40 years probably.

    Favorite    Flag as abusive Posted 02:13 PM on 09/14/2009
- factotem I'm a Fan of factotem 161 fans permalink
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And the time to protest his nomination was 4 years ago when Joe Biden was wasting the entire hearing angling for media time for himself.

    Favorite    Flag as abusive Posted 04:01 PM on 09/14/2009
- DavidOH I'm a Fan of DavidOH 4 fans permalink

Term limits would subject the Justices completely to political pressure and destroy the Court's independence. Remember, the Court is only the last word on Constitutional matters.

    Favorite    Flag as abusive Posted 10:18 AM on 09/15/2009
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So you believe the Court is now "independent"? Bush v Gore comes to mind.

    Favorite    Flag as abusive Posted 10:52 AM on 09/15/2009
- PlanoBlue I'm a Fan of PlanoBlue 62 fans permalink

Time for an AA lezz on the bench

    Favorite    Flag as abusive Posted 01:40 PM on 09/14/2009
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AA gay will do too.

    Favorite    Flag as abusive Posted 10:54 AM on 09/15/2009
- Mike169 I'm a Fan of Mike169 50 fans permalink
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Bill Clinton for Supreme Court.

    Favorite    Flag as abusive Posted 01:29 PM on 09/14/2009
- wdcvhi I'm a Fan of wdcvhi 2 fans permalink

Agreed, President Clinton would make a great justice.

    Favorite    Flag as abusive Posted 01:39 PM on 09/14/2009
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No...He's a moderate. I want a raging Liberal on the bench.

    Favorite    Flag as abusive Posted 02:24 PM on 09/14/2009
- marecek I'm a Fan of marecek 21 fans permalink

Can't say that I agree with that. I think he would make a poor Justice. If he were appointed that would make him the second former President to join the Supreme Court (President Taft was named Chief Justice by Warren Harding). In any case, he is already too old and has health problems (remember the heart?). The strategy of late has been to appoint people who are going to be around a long time.

    Favorite    Flag as abusive Posted 06:59 PM on 09/14/2009
- Clovie I'm a Fan of Clovie 16 fans permalink
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Bill's a little too centrist- I like what I've heard so far about Harold Koh.

    Favorite    Flag as abusive Posted 03:43 PM on 09/14/2009
- Okieborn I'm a Fan of Okieborn 71 fans permalink

Justice Stevens great liberal ways will be sorely missed and I have my doubts that he will be replaced with another great liberal!!
I am a long time Democrat ,but I am sad to say I do not see the fire that President Obama showed during the Presidential run off !!
I see the Republicans once again getting their way !!!

    Favorite    Flag as abusive Posted 12:58 PM on 09/14/2009
- bigsioux I'm a Fan of bigsioux 42 fans permalink

Sadly I think your right.

    Favorite    Flag as abusive Posted 01:58 PM on 09/14/2009
- Petey131 I'm a Fan of Petey131 32 fans permalink

Sadly I think both of you are wrong.

    Favorite    Flag as abusive Posted 02:03 PM on 09/14/2009
- Inquisitr I'm a Fan of Inquisitr 49 fans permalink

You're right, because now he doesn't need the base anymore. in 2011 when he's gearing up for 2012 he'll come back crawling to the base.

    Favorite    Flag as abusive Posted 05:58 PM on 09/14/2009

Given their track record, I assume that the Repubs will insist that the nominee be a conservative or they will filibuster. You know that they will think it is their right to pack the court with conservatives - not withstanding they are not in control of any branch of government.

    Favorite    Flag as abusive Posted 12:33 PM on 09/14/2009
- Wiseronenow I'm a Fan of Wiseronenow 111 fans permalink
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Exactly! I was thinking the same thing. Unfortunately, if the Justice retires in 2010, that will be fodder for the Dem's in the elections because the Repub's will make it a "key" point for any of their candidates.

    Favorite    Flag as abusive Posted 12:42 PM on 09/14/2009
- marecek I'm a Fan of marecek 21 fans permalink

So let them filibuster. This is what I think the Democrats strategy should be - put forward good bills and nominate good candidates and then let the Repubs filibuster - I think the whole thing will blow up in their face. Eventually we are going to have to revise the current practice whereby it is assumed the majority party needs to have a minimum of 60 Senators in order to even get legislation considered. The original practice was that this weapon (filibuster) was used very sparingly, in other words for most bills the minority party would not use it. If it is used too often, it will be dispensed with, and currently the Repubs are threatening to use it for EVERY bill of any significance. Rather than a check on possible abuse of power, it becomes an undemocratic tool. But essentially the Repubs have been having their way with the mere threat to use it. So let them use it and see how the public likes their obstructionist antics.

    Favorite    Flag as abusive Posted 07:04 PM on 09/14/2009
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First we'd have to get the invertebrate Harry off the Senate leadership.

    Favorite    Flag as abusive Posted 10:59 AM on 09/15/2009
- tj101 I'm a Fan of tj101 74 fans permalink
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Thank God we'll be picking his replacement and not Mccain/palin

    Favorite    Flag as abusive Posted 12:29 PM on 09/14/2009
- wdcvhi I'm a Fan of wdcvhi 2 fans permalink

Moderator? Why do completely unoffensive comments keep disapearing?

    Favorite    Flag as abusive Posted 12:18 PM on 09/14/2009
- postman66 I'm a Fan of postman66 381 fans permalink
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I was wondering the same thing.

    Favorite    Flag as abusive Posted 12:43 PM on 09/14/2009
- KIVPossum I'm a Fan of KIVPossum 73 fans permalink
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Seems to be common practice. I think they're on a quota system and have to kill a certain %.

    Favorite    Flag as abusive Posted 02:39 PM on 09/14/2009
- Clovie I'm a Fan of Clovie 16 fans permalink
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I'd also like to know what the deal is with this. The moderation seems kind of kooky and really arbitrary.

    Favorite    Flag as abusive Posted 03:45 PM on 09/14/2009
- factotem I'm a Fan of factotem 161 fans permalink
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I couldn't get a word posted on the Kanye West story despite seven tries, each more benign than the previous one.

    Favorite    Flag as abusive Posted 04:18 PM on 09/14/2009
- Clovie I'm a Fan of Clovie 16 fans permalink
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In the comments of some article a couple of weeks ago (can't remember which), a poster claimed that Glenn Beck had raped and killed a girl. I said "I can't stand GB, but this never happened. UrbanLegends already debunked it" and then I added the link to the story debunking it and it didn't make the cut!

At least two or three other pretty calm and clean posts have been blocked just today.

    Favorite    Flag as abusive Posted 05:03 PM on 09/14/2009
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Sigh... Unfortunately, none of the convervative justices are anywhere NEAR retirement, but I suppose one never knows. Maybe Scalia will surprise us. Wouldn't that be lovely? Can you imagine the battle over replacing Scalia with a liberal and changing the balance of the court? Hooooooooweeee.

    Favorite    Flag as abusive Posted 12:11 PM on 09/14/2009
- wdcvhi I'm a Fan of wdcvhi 2 fans permalink

I doubt that Scalia will retire before 2012, but 2016 is a possiblilty.

    Favorite    Flag as abusive Posted 12:13 PM on 09/14/2009
- chronic I'm a Fan of chronic 71 fans permalink
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Well lets hope he "naturally" retires from the world.

    Favorite    Flag as abusive Posted 12:29 PM on 09/14/2009
- Inquisitr I'm a Fan of Inquisitr 49 fans permalink

Never gonna happen.

they'll camp in those seats till the day they die waiting for a repug. They'll be there propped up with an IV.

    Favorite    Flag as abusive Posted 06:00 PM on 09/14/2009
- idisVA I'm a Fan of idisVA 41 fans permalink

We need a true out and out liberal just to maintain the current ideological balance. If Obama carves in to the Republicans, we will end up with a Court that tilts the 'wrong way'. No indistinguishable middle-of-the-roader.

    Favorite    Flag as abusive Posted 12:00 PM on 09/14/2009
- wdcvhi I'm a Fan of wdcvhi 2 fans permalink

100% with you, Sotomayor was way too moderate, a good pick for an oposition senate, but not for when you have 60 seats in the senate.

    Favorite    Flag as abusive Posted 12:10 PM on 09/14/2009
- marecek I'm a Fan of marecek 21 fans permalink

That would be good if Obama were to "carve in to the Republicans".

    Favorite    Flag as abusive Posted 12:47 PM on 09/14/2009
- Okieborn I'm a Fan of Okieborn 71 fans permalink

President Obama is carrying a different agenda than he showed when running for President !!
I doubt if I will volunteer again for this President who seems to have pleasing the Republicans on his mind instead of the moral needs of the poor in this great nation !!!

    Favorite    Flag as abusive Posted 01:01 PM on 09/14/2009
- Inquisitr I'm a Fan of Inquisitr 49 fans permalink

To bad that's what you're gonna get.

Actually political idealology is less important then the race/gender combo for Obama. Of course the nominee will be a wimpy spinless moderate dem, but it won't even be a smart moderate dem

Rahm will pick an Asian woman, and Obama will go out following President Rahm's orders saying how this adds diversity to the court.

The race/gender combo is all that really matters.

    Favorite    Flag as abusive Posted 06:02 PM on 09/14/2009
- Rmath I'm a Fan of Rmath 56 fans permalink
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Judging from the way the Sotomayor nomination was handled, stay tuned for an even filthier, nastier confirmation process next time.

    Favorite    Flag as abusive Posted 11:55 AM on 09/14/2009
- wdcvhi I'm a Fan of wdcvhi 2 fans permalink

Odds are. I just hope that Stevens doesn't retire close to the midterms, if he does, all he// will break lose.

    Favorite    Flag as abusive Posted 12:12 PM on 09/14/2009
- marecek I'm a Fan of marecek 21 fans permalink

If he retires at the end of next term - which comes around the end of June, 2010, then that will be very close to the mid-term elections. If Stevens has absolutely decided to retire at the end of next term, he should inform Obama of his retirement early next Spring, so that Obama will have plenty of time to nominate his successor well in advance of the mid-terms.

    Favorite    Flag as abusive Posted 12:46 PM on 09/14/2009
- Okieborn I'm a Fan of Okieborn 71 fans permalink

If President shows his usual bowing to the Republicans, yes the left will get a bucket full of passes and a conservative judge !!!

    Favorite    Flag as abusive Posted 01:03 PM on 09/14/2009
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