Supreme Court Justice John Paul Stevens Retiring
The retirement of John Paul Stevens, the Supreme Court's leading liberal but a justice who also could find conservative allies, will set off an election-year political battle over President Barack Obama's second high court pick.
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 will be confirmed "well in advance of the commencement of the court's next term." Obama hailed Stevens as an "impartial guardian of the law" and promised to move quickly to nominate a replacement.
"We cannot replace Justice Stevens' experience or wisdom," Obama said at the White House after returning from a nuclear treaty-signing trip to Prague. "I'll seek someone in the coming weeks with similar qualities: an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law and a keen understanding of how the law affects the daily lives of the American people. It will also be someone who, like Justice Stevens, knows that in democracy powerful interests must not be allowed to drown out the voices of ordinary citizens."
Stevens is leaving 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.
Washington Uplugged: Analyzing Stevens' Retirement
Does Obama Want a Supreme Court Fight?
Second Supreme Court Picks Are Easier Than First
Kagan, Wood, Head List of Likely Court Nominees
Who Will Replace Justice Stevens?
John Paul Stevens' Career in Photos
Read Justice Stevens' letter to President Obama
Stevens' announcement, which came 11 days before his 90th birthday, had been hinted at for months. It's presumed Mr. Obama will nominate another liberal, so the departure won't alter the court's philosophical makeup.
The White House has already vetted several candidates, reports CBS News White House correspondent Bill Plante, dating back to their nomination of Justice Sonia Sotomayor, who replaced Justice David Souter on the bench
A White House aide said Mr. Obama was considering 10 possible replacements, but wouldn't name any of them.
Leading candidates to replace Stevens include Solicitor General Elena Kagan, 49, and federal appellate judges Merrick Garland, 57, in Washington and Diane Wood, 59, in Chicago.
Others who might be considered include two Democratic governors, Jennifer Granholm of Michigan and Deval Patrick of Massachusetts, and State Department legal adviser Harold Koh.
Stevens was nominated by President Gerald Ford in 1975, and throughout his tenure he 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 had acknowledged in several interviews that he was contemplating stepping down and would certainly do so during Mr. 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."
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."
In a telephone interview, Leahy said he had suggested to Mr. Obama that "the wisest move" would be to plan confirmation hearings on the same midsummer schedule used for the nominations of Roberts and Sotomayor. Democrats have an incentive to seat another justice before the November elections, in case Republican Senate victories make confirmation more difficult after that.
Leahy said Stevens gave him a heads-up on his retirement plans a few weeks ago. "I told him at the time I'd like to have him stay forever," Leahy said.
Stevens officially informed Mr. 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 on a day when the court wasn't in session.
White House counsel Bob Bauer telephoned the news to Mr. Obama aboard Air Force One, as he returned from the trip to Prague.
Stevens' departure will not change the court's conservative-liberal split because Mr. Obama is certain to name a liberal-leaning replacement, as he did with his first nominee, 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.
Obama Praises John Paul Stevens, Seeks Nominee With Similar Qualities
Obama on Justice Stevens' Retirement
John Paul Stevens' Retirement: Republicans Prepare for Supreme Court Battle
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."
His opinions have reflected his personal writing style - a conversational one that contrasted sharply with the dry, dull efforts of some other justices.
A member of a prominent and wealthy Chicago family, Stevens spoke proudly of being a Cubs fan who was at Wrigley Field for the 1932 World Series game when Babe Ruth supposedly pointed to the spot where he would hit a home run. He met many celebrities of the day when they stayed at his family's hotel in Chicago, including aviation pioneer Amelia Earhart.
Stevens graduated from the University of Chicago. After serving in the Navy during World War II, he earned a law degree from Northwestern University, finishing first in his class. He later taught antitrust law at both schools.
In 1979, Stevens became only the second justice to divorce while serving on the court. Stevens and his first wife, Elizabeth Jane Sheeren, had four children. He later married a former Chicago neighbor, Maryan Mulholland Simon.
An avid bridge and tennis player, Stevens also is a licensed pilot. From autumn through spring, he and his wife routinely travel to his condominium in Fort Lauderdale, Fla.
"I lead an average life, just like anybody else," Stevens once told an acquaintance. "I play bridge, play tennis, try to play better golf. I'm very comfortable here."
Even in his late 80s, Stevens said he swam every day and continued playing tennis several times a week. He described reading legal briefs on the beach, noting his colleagues' jealousy when in court one day he opened a brief and grains of sand spilled out.
© 2010 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report. 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 will be confirmed "well in advance of the commencement of the court's next term." Obama hailed Stevens as an "impartial guardian of the law" and promised to move quickly to nominate a replacement.
"We cannot replace Justice Stevens' experience or wisdom," Obama said at the White House after returning from a nuclear treaty-signing trip to Prague. "I'll seek someone in the coming weeks with similar qualities: an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law and a keen understanding of how the law affects the daily lives of the American people. It will also be someone who, like Justice Stevens, knows that in democracy powerful interests must not be allowed to drown out the voices of ordinary citizens."
Stevens is leaving 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.
Washington Uplugged: Analyzing Stevens' Retirement
Does Obama Want a Supreme Court Fight?
Second Supreme Court Picks Are Easier Than First
Kagan, Wood, Head List of Likely Court Nominees
Who Will Replace Justice Stevens?
John Paul Stevens' Career in Photos
Read Justice Stevens' letter to President Obama
Stevens' announcement, which came 11 days before his 90th birthday, had been hinted at for months. It's presumed Mr. Obama will nominate another liberal, so the departure won't alter the court's philosophical makeup.
The White House has already vetted several candidates, reports CBS News White House correspondent Bill Plante, dating back to their nomination of Justice Sonia Sotomayor, who replaced Justice David Souter on the bench
A White House aide said Mr. Obama was considering 10 possible replacements, but wouldn't name any of them.
Leading candidates to replace Stevens include Solicitor General Elena Kagan, 49, and federal appellate judges Merrick Garland, 57, in Washington and Diane Wood, 59, in Chicago.
Others who might be considered include two Democratic governors, Jennifer Granholm of Michigan and Deval Patrick of Massachusetts, and State Department legal adviser Harold Koh.
Stevens was nominated by President Gerald Ford in 1975, and throughout his tenure he 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 had acknowledged in several interviews that he was contemplating stepping down and would certainly do so during Mr. 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."
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."
In a telephone interview, Leahy said he had suggested to Mr. Obama that "the wisest move" would be to plan confirmation hearings on the same midsummer schedule used for the nominations of Roberts and Sotomayor. Democrats have an incentive to seat another justice before the November elections, in case Republican Senate victories make confirmation more difficult after that.
Leahy said Stevens gave him a heads-up on his retirement plans a few weeks ago. "I told him at the time I'd like to have him stay forever," Leahy said.
Stevens officially informed Mr. 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 on a day when the court wasn't in session.
White House counsel Bob Bauer telephoned the news to Mr. Obama aboard Air Force One, as he returned from the trip to Prague.
Stevens' departure will not change the court's conservative-liberal split because Mr. Obama is certain to name a liberal-leaning replacement, as he did with his first nominee, 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.
Obama Praises John Paul Stevens, Seeks Nominee With Similar Qualities
Obama on Justice Stevens' Retirement
John Paul Stevens' Retirement: Republicans Prepare for Supreme Court Battle
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."
His opinions have reflected his personal writing style - a conversational one that contrasted sharply with the dry, dull efforts of some other justices.
A member of a prominent and wealthy Chicago family, Stevens spoke proudly of being a Cubs fan who was at Wrigley Field for the 1932 World Series game when Babe Ruth supposedly pointed to the spot where he would hit a home run. He met many celebrities of the day when they stayed at his family's hotel in Chicago, including aviation pioneer Amelia Earhart.
Stevens graduated from the University of Chicago. After serving in the Navy during World War II, he earned a law degree from Northwestern University, finishing first in his class. He later taught antitrust law at both schools.
In 1979, Stevens became only the second justice to divorce while serving on the court. Stevens and his first wife, Elizabeth Jane Sheeren, had four children. He later married a former Chicago neighbor, Maryan Mulholland Simon.
An avid bridge and tennis player, Stevens also is a licensed pilot. From autumn through spring, he and his wife routinely travel to his condominium in Fort Lauderdale, Fla.
"I lead an average life, just like anybody else," Stevens once told an acquaintance. "I play bridge, play tennis, try to play better golf. I'm very comfortable here."
Even in his late 80s, Stevens said he swam every day and continued playing tennis several times a week. He described reading legal briefs on the beach, noting his colleagues' jealousy when in court one day he opened a brief and grains of sand spilled out.
Popular in Politics
- FBI director acknowledges domestic drone use 116 Comments
- Obama and Berlin: Faded echoes meet new realities
- Smooth, on-time Obamacare rollout no sure thing: GAO
- Obama on NSA programs: Americans "not getting the complete story" 261 Comments
- House Republicans pass 20-week limit on abortions 453 Comments
- Immigration reform would cut deficit, analysis shows
- Senators: U.S. must take "more decisive" military action in Syria
- Obama renews push for a nuclear disarmament legacy
The GOOD news: karl marx is dead, so hussein probably won't nominate him to replace stevens.
The BAD news: hussein will probably nominate somebody even worse than his socialist idol.
=========================================================
Does ANYBODY have any idea what Tea-Bagger morons do beside
make noise ???
I hope he doesn't pick a Rose Bird to replace John Paul Stevens.
===========================================
Says WHO? The majority of Congress and the American People supported her on the SCOTUS.
Republicans keep dreaming that THEIR position on things is that of the American People. It is just that - a dream...
Liberals are the ones who have always historically used the power of the filibuster to block judicial appointees, and rejected Supreme Court nominees.
Both liberal and conservative nominees have been blocked by those opposing them or the president who nominated them.
So, you propitiation are the one who is wrong. A point to verify this: Robert Bork was a conservative jurist nominated by Ronald Reagan.
Can those complaining about the partisanship of Obama's future picks enlighten the readers on the "open-mindedness" of Thomas, Scalia, Roberts, and Alito?...all are highly partisan justices chosen for their politics rather than their ability to administer the law fairly.
News Flash.. Obama appoints himself to Supreme Court and installs Coin Operated Voting machines at Gas Stations at all 7-11's.
==============================================================
I think that you are confused .
You are thinking about Idiot-George-Bush.
You remember the Harriet Myers thing .... RIGHT ?????
Higher potential ??? What potential ???