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Stevens to retire? (If so, thank goodness its not a conservative SCOTUS justice leaving)
Hotair ^ | 9/2/2009 | Ed Morrissey

Posted on 09/02/2009 8:40:46 AM PDT by SeekAndFind

John Paul Stevens has the longest tenure on the Supreme Court and is not coincidentally its oldest member at 89. Speculation arises every year about his potential retirement, but until now, Stevens has seemed indefatigable — or perhaps concerned about retiring with a more conservative President in place to nominate his replacement. However, Stevens no longer has that worry, and the small number of clerks he has hired this summer for the next session indicates that retirement will come soon:

Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court’s liberals will retire next year.

If Stevens does step down, he would give President Barack Obama his second high court opening in two years. Obama chose Justice Sonia Sotomayor for the court when Justice David Souter announced his retirement in May.

Souter’s failure to hire clerks was the first signal that he was contemplating leaving the court.

A Stevens retirement would create a new round of the battle over nominees, but it would once again put Barack Obama on home turf. Stevens has been a reliable liberal vote, perhaps only slightly less than Ruth Bader Ginsburg. His retirement would give the possibility of a rebalancing of the court, and Obama will have to find someone as reliably liberal to prevent that outcome. He doesn’t have much room to gain with a new nomination, and would have to be satisfied with the status quo.

He’ll have to do better than Sonia Sotomayor, the qualified but rather unexceptional choice to replace the rather unexceptional David Souter. Stevens has been much more of a heavyweight on the court, and his absence will leave Stephen Breyer as the leading liberal intellect on the court. Two non-entities might make for warm bodies to fill liberal seats, but it will reflect poorly on Obama in the long term, and perhaps even in the short term. “Doing bette” may mean having to contend with more serious Republican opposition, especially after Obama’s polling has dropped through the floor in a very short span of weeks this summer.

Once again, though, the Republicans will have few options but to focus on the shortcomings of Obama’s nominee. Obama made that easy with Sotomayor, who got reversed and scolded by the court she joined in a high-profile case just before her confirmation hearings. Unless the White House vetting team remains comatose through the next nominee, the GOP won’t have that kind of softball to hit. Unless Obama nominates a moderate to replace Stevens — and his left flank will not stand for that — the GOP needs to do what it did on Sotomayor. Don’t get caught up in filibuster threats that they can’t deliver, but focus on the nominee’s record and show where it’s out of step with the American majority, if indeed it is.

But will Stevens retire, or is Mark Sherman of the AP getting ahead of himself? I suspect that Stevens might have retired earlier this year but for the surprise announcement from Souter. I’d expect him to make this his last term on the court. At Stevens’ age, he either retires soon or leaves another way, and I think most people would prefer to leave on their own terms.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; News/Current Events
KEYWORDS: bho44; bhoscotus; johnpaulstevens; scotus; supremecourt
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1 posted on 09/02/2009 8:40:47 AM PDT by SeekAndFind
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To: SeekAndFind

oh goody another radical commie moonbat for SCOTUS


2 posted on 09/02/2009 8:41:52 AM PDT by GeronL (http://libertyfic.proboards.com)
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To: SeekAndFind

Stevens may not be a conservative, but he’s not a race-baiting, America Hating COMMUNIST like Sotomayor.

Expect Obama to replace Stevens with something much worse, and much more alien to Americanism.


3 posted on 09/02/2009 8:42:40 AM PDT by Westbrook (Having more children does not divide your love, it multiplies it.)
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To: SeekAndFind

They know that the Democrats’ ability to sail through nominees is short timed. They fully expect to lose seats in Congress.


4 posted on 09/02/2009 8:42:42 AM PDT by a fool in paradise (Kennedycare?Recall that "Animal Farm" begins with a Socialist Revolution to honor Big Major's legacy)
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To: SeekAndFind

Stevens was our fifth vote, this is horrible.


5 posted on 09/02/2009 8:43:24 AM PDT by PROTESTBYPROXY (Conservatives must man up!!)
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To: SeekAndFind

Not to worry pro choice graham will screw us again!!


6 posted on 09/02/2009 8:46:39 AM PDT by italianquaker (“Every inch of this Administration is rife with corruption and cronyism.” --- Michelle Malkin)
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To: GeronL
oh goody another radical commie moonbat for SCOTUS

That's the plan. Neeeext? Ginsburg.

7 posted on 09/02/2009 8:46:53 AM PDT by jersey117
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To: SeekAndFind

Stevens replacement will inevitably be much, much worse.


8 posted on 09/02/2009 8:47:34 AM PDT by SoDak (Sig/Edgar Hansen 2012 dream ticket)
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To: SeekAndFind

No, it won’t change the current court balance between sane and insane justices. But Obama’s new young, racist, anti-American justices will be on the court for a long, long time.


9 posted on 09/02/2009 8:47:56 AM PDT by pabianice
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To: a fool in paradise
They know that the Democrats’ ability to sail through nominees is short timed. They fully expect to lose seats in Congress.

Yeah, I think Stevens realizes that if he waits until after the 2010 elections, the Repubs will probably have enough votes in the Senate to stop another candidate as liberal as he is. So if he wants someone of the same leftist ideology to be selected, he has to retire next summer.

10 posted on 09/02/2009 8:48:05 AM PDT by CA Conservative
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To: SeekAndFind

All this means is that Obama will get 3 chances to get the court to favor a younger, more progressive Supreme Court...

We still have Ginsburg to deal with...I don’t think she’ll hold out much longer...

He got his smartest latina nominee...Now he’ll get to replace the old geezer...

And in the wings will be the replacement for “Lilith”...

We had better hope the four horsemen stay healthy for another 8 years or so...If Obama gets to replace an originalist, we be in heap big trouble kemosabe...


11 posted on 09/02/2009 8:48:07 AM PDT by stevie_d_64
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To: jersey117

They got the votes why not expand the court to 12 seats and nominate Van Jones, John Holdren and Bill Ayers to the SCOTUS?


12 posted on 09/02/2009 8:48:11 AM PDT by GeronL (http://libertyfic.proboards.com)
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To: PROTESTBYPROXY
Stevens was our fifth vote, this is horrible.

No, Kennedy is our 5th vote for most decisions. Stevens is always in the leftist camp.

13 posted on 09/02/2009 8:49:57 AM PDT by CA Conservative
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To: SeekAndFind

With Kennedy gone, some CONSERVATIVE needs to find his/her voice and BORK where needed.

The problem with Lindsey Graham is that he’s a RINO who is afraid to stand for anything . . . so he falls for everything. Sotomayor is the WORST justice ever to be nominated by a Usurper CEO of the US Corporation. And Lindsey needs to RETIRE and go study his US History.

http://blogtalk.vo.llnwd.net/o23/shows/show_668436.mp3

http://www.freerepublic.com/focus/f-bloggers/2328108/posts

Until 2010, I fear the Conservatives will have few voices on the Hill.


14 posted on 09/02/2009 8:50:38 AM PDT by HighlyOpinionated (If you cannot make them see the light, make them feel the heat. ~~ Ronald Reagan)
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To: SeekAndFind

If he is he has been motivated by the coming 2010 elections, this make the dufus president’s job easier. What if he is proven to be an illegal do all his appointments go out the window?


15 posted on 09/02/2009 8:50:54 AM PDT by boomop1
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To: pabianice

Let’s hope and pray that NOTHING HAPPENS to Clarence Thomas, John Roberts, Antonin Scalia and Samuel Alito ( OK I’ll include Anthony Kennedy eve when I think he’s wishy-washy) during the term of Obummer.

If anything happens to anyone of them, THE SCOUTS TILTS NOT ONLY LEFT, BUT EXTREMELY LEFT.


16 posted on 09/02/2009 8:50:58 AM PDT by SeekAndFind
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To: a fool in paradise

They know that the Democrats’ ability to sail through nominees is short timed. They fully expect to lose seats in Congress

My friend, they have 7 1/2 years to remake the SCOTUS in their image. This is a disaster for conservatives. All you need is the MSM and the White House.


17 posted on 09/02/2009 8:51:16 AM PDT by stevecmd
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To: Westbrook
Expect Obama to replace Stevens with something much worse, and much more alien to Americanism.

Yeah ... presenting our next Supreme Court Justice:


18 posted on 09/02/2009 8:52:12 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: SeekAndFind
his absence will leave Stephen Breyer as the leading liberal intellect on the court.

LOL. I couldn't help but laugh at this line. Breyer is such a dunce.

19 posted on 09/02/2009 8:56:23 AM PDT by Huck ("He that lives on hope will die fasting"- Ben Franklin, Poor Richard's Almanac)
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To: SeekAndFind

To be filled by what? A gay Asian?


20 posted on 09/02/2009 9:10:49 AM PDT by Sybeck1 (No teleprompters were harmed in the creation of this post.)
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