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The Dissenter (Justice John Paul Stevens)
NY Times Magazine ^ | 23 September 2007 | Jeffrey Rosen

Posted on 09/22/2007 2:21:07 PM PDT by shrinkermd

...The last Supreme Court term, which ended in June, was the stormiest in recent memory, with more 5-to-4 decisions split along ideological lines than at any time in the court’s history. In a series of controversial cases about abortion, racial integration in schools, faith-based programs and the death penalty, the court’s four more conservative justices prevailed, with Justice Anthony M. Kennedy providing the crucial fifth vote. The four more liberal justices were often moved to dissent in unusually personal and vehement terms.

“It is my firm conviction,” Justice John Paul Stevens wrote in the case striking down race-based enrollment policies in public schools, “that no Member of the Court that I joined in 1975 would have agreed with today’s decision.” According to the gossip among Supreme Court law clerks, the level of tension among the justices is higher than at any point since Bush v. Gore in 2000.

...Justice Stevens, the oldest and arguably most liberal justice, now finds himself the leader of the opposition. Vigorous and sharp at 87, he has served on the court for 32 years, approaching the record set by his predecessor, William O. Douglas, who served for 36. In criminal-law and death-penalty cases, Stevens has voted against the government and in favor of the individual more frequently than any other sitting justice. He files more dissents and separate opinions than any of his colleagues. He is the court’s most outspoken defender of the need for judicial oversight of executive power. And in recent years, he has written majority opinions in two of the most important cases ruling against the Bush administration’s treatment of suspected enemy combatants in the war on terror — an issue the court will revisit this term...

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society
KEYWORDS: johnpaulstevens; jpstevens; scotus
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"...On the issue of abortion, however, Stevens has failed to persuade Kennedy to vote consistently with the liberals... Stevens said that the federal ban was deeply flawed and that Kennedy’s rhetoric about the need to protect women from the emotional trauma of abortions was frustrating. But he noted that the real-world effect of the defeat was minimal because of the widespread availability of alternative abortion procedures. “The statute is a silly statute,” he said. “It’s a silly statute.” He added, “It’s just a distressing exhibition by Congress, but what we decided isn’t all that important.”
1 posted on 09/22/2007 2:21:12 PM PDT by shrinkermd
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To: Norman Bates; wagglebee; zendari

Expect more such puff pieces for Stevens as 2008 approaches.


2 posted on 09/22/2007 2:25:38 PM PDT by Clintonfatigued (You can't be serious about national security unless you're serious about border security)
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To: shrinkermd

I guess that’s what happens if the Constitution is more of a living document than not. Cuts both ways. Sorry.


3 posted on 09/22/2007 2:26:18 PM PDT by Paladin2 (I don't fix the problems, I only fix the blame.)
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To: shrinkermd

The biggest shame in the entire senate is that fact that we were FINALLY on the road to a decent Supreme Court. 2008 looks horrible for Republicans in the Senate and that means our great ability to change the Supreme Court might be down the drain. I find that tragic.


4 posted on 09/22/2007 2:31:28 PM PDT by napscoordinator
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To: Clintonfatigued

Jerry Ford never felt apologetic for appointing this piece of leftist trash to the bench... not once (unlike Ike with the worst Chief Justice in history, Earl Warren). He might as well have been a Carter appointee.


5 posted on 09/22/2007 2:35:42 PM PDT by fieldmarshaldj (~~~Jihad Fever -- Catch It !~~~ (Backup tag: "Live Fred or Die"))
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To: Clintonfatigued
According to the gossip among Supreme Court law clerks, the level of tension among the justices is higher than at any point since Bush v. Gore in 2000.

Since most clerks only clerk for one term (a year), how would current clerks know what the tension was like then?

6 posted on 09/22/2007 2:37:25 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: shrinkermd

Stevens has been one of the most destructive influnces on the court in American history. He is overshadowed only by Earl Warren and Hugo Black as members who would allow the constitution to be intrepreted to the point of being an instrument of national suicide. Pornography, abortion, unlimited rights for criminals, unheard of POW rights, etc have been the hallmark of his votes.

If he leaves the court tomorrow, dead or alive, America would be a better place. Regardless of how he leaves, he has to go. He is neither distinguished or famous. He is just an extreme left wing lunatic who has worked to destroy the foundations of American civilization.


7 posted on 09/22/2007 2:39:10 PM PDT by Bulldawg Fan (Victory is the last thing Murtha and his fellow Defeatists want.)
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To: Bulldawg Fan

Bingo. And the “POW” rights are special rights for terrorist termites. Unf’ingbelievable.


8 posted on 09/22/2007 2:42:40 PM PDT by fieldmarshaldj (~~~Jihad Fever -- Catch It !~~~ (Backup tag: "Live Fred or Die"))
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To: shrinkermd

“It is my firm conviction,” Justice John Paul Stevens wrote in the case striking down race-based enrollment policies in public schools, “that no Member of the Court that I joined in 1975 would have agreed with today’s decision.”

So what, John? It’s an evolving Constitution. No one would have agreed with Roe v. Wade in 1960, either. No one would have agreed with the sodomy decision when you joined the court either.


9 posted on 09/22/2007 2:47:23 PM PDT by Brilliant
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To: wagglebee
Stevens is just pi$$ed off because he knows Fred Thompson will likely be elected, and He and Ruth Buzzy Ginsberg can’t hand on until 2012.

Fred will nominate judges to the right of Thomas .

10 posted on 09/22/2007 2:52:56 PM PDT by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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To: Beagle8U
Fred will nominate judges to the right of Thomas .

You mean in line with Clarence Thomas?

11 posted on 09/22/2007 2:54:15 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee
To the right of Clarence Thomas if he can find one. And he has the stones to get them confirmed.
12 posted on 09/22/2007 2:56:56 PM PDT by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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To: wagglebee
There is one POS that has to be removed from the Senate Judiciary Committee, and that is Leahy, who has done more to obstruct the creation of a "strict interpretation" Court than any one in history. I would love to see him LONG gone.
13 posted on 09/22/2007 2:58:12 PM PDT by Candor7 (http://en.wikipedia.org/wiki/Battle_of_Baghdad_(1258))
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To: Candor7

He won’t be removed from the Judiciary Committee until he dies or retires.


14 posted on 09/22/2007 3:00:25 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: Beagle8U

I would be interested to see who that person is, I am unaware of ANY justice ever being more conservative than Thomas and that includes Rehnquist and Scalia.


15 posted on 09/22/2007 3:01:32 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: napscoordinator

The republicans were too busy attacking their own voting base. They decided to act if legislative control was their right and not subject to actually building and maintaining their voting block.

I have been shouted down before on this, Democrats have traditional bases that can be wooed without costing the republican coalition. Instead republicans went with big government uber alles, something libertarians despise. Tried to pass two massive amnesty packages, and called the law and order crowd a bunch of racists for not “getting with the program”.

I’d like to tell you that the republican party isn’t suffering from numerous self-inflicted gunshot wounds, that isn’t the case. The Dems are equally unliked, they didn’t go out of their way to tick off their base, and that is the margin of difference.


16 posted on 09/22/2007 3:01:46 PM PDT by Hawk1976 (747 superliners crashed into the WTC on 9/11, Steny Hoyer told me so on 8/7/07.)
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To: Bulldawg Fan
"He is just an extreme left wing lunatic who has worked to destroy the foundations of American civilization."

What about Ruth Buzzy?

17 posted on 09/22/2007 3:03:43 PM PDT by Paladin2 (I don't fix the problems, I only fix the blame.)
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To: wagglebee
I said “ if he can find one”.

Bottom line, conservatives from a Fred Thompson Administration.

18 posted on 09/22/2007 3:07:15 PM PDT by Beagle8U (FreeRepublic -- One stop shopping ....... Its the Conservative Super WalMart for news .)
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To: Beagle8U

You’ll get no argument from me there.


19 posted on 09/22/2007 3:07:59 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: Beagle8U
I said “ if he can find one”.

I think Justice Janice Rogers Brown has a very nice ring to it.
20 posted on 09/22/2007 3:17:18 PM PDT by Talking_Mouse (O Lord, destroy Islam by converting the Muslims to Christianity.)
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