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Supreme Court Justice John Paul Stevens retiring

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MARK SHERMAN
April 9, 2010
— Supreme Court Justice John Paul Stevens, the court's oldest member and leader of its liberal bloc, is retiring. President Barack Obama now has his second high court opening to fill.

Stevens said Friday he will step down when the court finishes its work for the summer in late June or early July. He said he hopes his successor is confirmed "well in advance of the commencement of the court's next term."


Stevens' announcement leaves ample time for the White House to settle on a successor and for Senate Democrats, who control a 59-vote majority, to hold confirmation hearings and a vote before the court's next term begins in October. Republicans have not ruled out attempts to delay confirmation.


Stevens' announcement had been hinted at for months. It comes 11 days before his 90th birthday.


Throughout his tenure, which began after President Gerald Ford nominated him in 1975, Stevens usually sided with the court's liberal bloc in the most contentious cases those involving abortion, criminal law, civil rights and church-state relations. He led the dissenters as well in the case of Bush v. Gore that sealed President George W. Bush's election in 2000.


Stevens began signaling a possible retirement last summer when he hired just one of his usual complement of four law clerks for the next court term. He acknowledged in several interviews that he was contemplating stepping down and would certainly do so during Obama's presidency.


Chief Justice John Roberts said in a written statement that Stevens "has enriched the lives of everyone at the Court through his intellect, independence, and warm grace."


Senate confirmations of Supreme Court justices have increasingly become political battles and this one will come amid the added heat of congressional election campaigns.


Sen. Patrick Leahy, D-Vt., chairman of the Senate Judiciary Committee, appealed for civility. "I hope that senators on both sides of the aisle will make this process a thoughtful and civil discourse," Leahy said.


Looking toward those hearings, Senate Republican Leader Mitch McConnell of Kentucky said, "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."


Stevens informed Obama in a one-paragraph letter addressed to "My dear Mr. President." It was delivered to the White House by court messenger at 10:30 a.m. EDT, two minutes before the court's public announcement. The news came on a day when the court wasn't in session.


White House counsel Bob Bauer telephoned the news to Obama on Air Force One, as he returned from a trip to Prague.


The leading candidates to replace Stevens are Solicitor General Elena Kagan, 49, and federal appellate Judges Merrick Garland, 57, in Washington and Diane Wood, 59, in Chicago.


Stevens' departure will not change the court's conservative-liberal split because Obama is certain to name a liberal-leaning replacement, as he did with his first nominee, Justice Sonia Sotomayor. But the new justice is not likely to be able to match Stevens' ability to marshal narrow majorities in big cases.


Stevens was able to draw the support of the court's swing votes, now-retired Justice Sandra Day O'Connor and Justice Anthony Kennedy, to rein in or block some Bush administration policies, including the detention of suspected terrorists following the Sept. 11, 2001, attacks, its tilt toward protecting businesses from some lawsuits and its refusal to act against global warming.


But after the arrival of Roberts and Justice Samuel Alito, President George W. Bush's appointees, Stevens more often was among the four liberal justices in dissent.


Stevens' recent dissent in a major case involving campaign finance laws showed both the eloquence of his writing and, in his stumbling reading of his opinion in the courtroom, signs that his age might at long last be affecting him, though he remains an active tennis player and swimmer.


He is the court's last World War II veteran and that experience sometimes finds its way into his writings, recently in a reference to Tokyo Rose, the English-speaking Japanese radio announcer who addressed U.S. soldiers in the Pacific.


Stevens had a reputation as a bright and independent federal appeals court judge when Ford, acting on a recommendation by Attorney General Edward Levi, nominated him to the Supreme Court.


His friendly manner of questioning lawyers who appeared before the court could not hide Stevens' keen mind. His questions often zero in on the most telling weaknesses of a lawyer's argument and the case's practical effect on everyday people.


A pleasant, unassuming man, Stevens has been a prolific and lucid writer. For many years, he wrote more opinions each court term than any other justice.


Most justices let their law clerks write the first drafts of opinions, but Stevens has used his clerks as editors.


He'd write the first draft and submit it to the clerks for comment. "That's when the real fun begins," Stevens once told a visitor. "The give and take can get pretty fierce."


As a result, his opinions have reflected his personal writing style a conversational one that contrasted sharply with the dry, dull efforts of some other justices.


He said recently that one sign that it would be time to retire would be an inability to churn out those first drafts. But he insisted in recent days that he was still writing them.



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