Justice Stevens Keeps Us Guessing

As Jesse Walker noted in today's morning links, corporate-friendly Justice John Paul Stevens is inching ever closer to announcing his retirement from the Supreme Court, informing The Washington Post, "I will surely do it while [Obama's] still president." It turns out that at least one prominent official would like the 89-year-old justice to hold on as long as possible. Speaking on Fox News Sunday, ex-Republican Sen. Arlen Specter (D-Penn.) said Stevens should give it another year, lest he derail the Senate from its important work this summer: "I think the gridlock in the Senate might well produce a filibuster which would tie up the Senate about a Supreme Court nominee. I think if a year passes, there's a much better chance we could come to a consensus."

I'm not so sure that a year's time will make the next nomination fight that much prettier, but as Specter's comments suggest, the Democrats would like the chance to find out. Of course, if SCOTUSblog's Tom Goldstein is correct, Obama will play it safe and nominate Solicitor General Elena Kagan, who has received conservative support in the past and seems unlikely to spark any filibusters. But we'll know soon enough.

Comments

[A.M. Mallett]

Regardless of what Stevens does, I can easily envision Obama forced to settle for temporary recess appointments.

[prolefeed]

After ramming through health care deformation using reconciliation, I doubt the Rs will be in a conciliatory mood about whichever socialists Obama picks for open judiciary seats.

[P Brooks]

I put this in the other thread, but I’ll say it again:

I expect the Constitutional-Scholar-in-Chief to nominate Gordon Liu.

[P Brooks]

Gordon Goodwin Liu

[gabe]

Wiki-leaks is a enemy combatant ?Reuters helps censor the media

[creech]

When Specter loses in November, old “Mister Single Bullet” may be angling to be the Obama choice to replace Stevens. But he is not immortal so Obama won’t even consider Specter.

[Warren]

I’m in favor of anything that “derails the Senate from its important work”.

[Chris]

It could be the best thing that has happened to this nation in a long time.

[Craig]

Yes, far better to keep a possibly senile Justice in office if it means disturbing Arlen’s chances of re-election.

[ChrisH]

Mr. Root, if you cannot be bothered to add droll or pithy Alt tags to images, at least shoot them by Ms. Mangu-Ward first. She dreams in Alt tags.

In the meantime, I propose “SCO-tote-US”

[ChrisH]

Mr. Root, if you cannot be bothered to provide droll or pithy Alt tags, please give Ms. Mangu-Ward first shot. She dreams in Alt tags.

In the interim, I propose “SCO-tote-US”

[Douglas Fletcher]

I’m getting tired of politicians and such who won’t relinquish their office until Mr. Reaper makes them resign.

What we need to do is making ass-kissing illegal in government offices, that way these old fogies won’t have any reason to stay in office so long.

[Laura S.]

Stevens is going to be replaced with another homogenous Supreme Court Justice. http://bit.ly/9boGhr His retirement won’t make a bit of difference.

[James]

Not sure I like Justice Stevens retiring. His work on holding credit cards and illegal short term loan/a> lenders accountable hit close to home for me.