confirmation battle during the most sensitive of political seasons.
Stevens, who will turn 90 on
“It would be in the best interests of the court to
have my successor appointed and confirmed well in advance of the
commencement of the court’s next term,” Stevens said in a letter to
President
A
as Obama was returning from the nuclear treaty signing in
Stevens’ departure in June at the end of the 2009-10
term will remove from the court its most senior justice as well as the
linchpin of what’s now the liberal wing. Stevens’ retirement also will
ensure that the
For conservatives and liberals alike, the pending
court vacancy will become a way to mobilize the troops as well as to
wage proxy fights over hot-button issues, including abortion and
wartime security.
For Obama, the vacancy provides a challenge and an opportunity.
Republicans are eager to unite around an issue that will engage their conservative base. The president’s
controls 59 seats, one short of the number that’s needed to stop a
filibuster. In a break with tradition, some senators have signaled that
they wouldn’t be reluctant to filibuster a
Stevens’ departure also provides Obama a second
chance to shape the court with a relatively young justice who will be
interpreting the Constitution for the next several decades. Because of
Stevens’ relatively left-of-center position, the new justice may not
tip the court’s overall ideological balance.
“I hope that senators on both sides of the aisle will make this process a thoughtful and civil discourse,” said Sen.
“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,” cautioned Senate
Minority Leader
The experience of the president’s first court choice, Justice
may foreshadow the political conflict to come. Thirty-one Republicans
opposed her, including some who had traditionally crossed party lines
to approve Democratic choices in the past.
Nine Republicans voted for Sotomayor.
put it this way: “Given the track record of the Senate Republicans,
anybody Obama supports is going to be attacked. They’re geared up for
battle. The question is can Republicans oppose the nominee without
embarrassing themselves too much.”
Having named Sotomayor as the first Hispanic justice on the
The nine-member court has never had more than two
women serving at a time. Obama can change that if he reinforces
Sotomayor and the 77-year-old Justice
A very serious contender is Solicitor General
The president might name a second Hispanic justice, Judge
Alternatively, the president might try to name the
first Asian-American to the court. Although only seven Asian-Americans
are serving on the federal bench, the president could search elsewhere;
for instance, by tapping his top
Regardless of whom the president nominates, a fight
is all but guaranteed. Currently, only six of Obama’s 15 appellate
court nominees have been confirmed.
The last unanimously approved
was himself rejected by Democrats when he was nominated to the federal
bench, and midterm election years generally only harden positions.
Stevens’ retirement announcement wasn’t unexpected.
He had hired only one law clerk for next year, instead of the customary
four. He would have had to serve roughly another year to become either
the oldest or the longest-serving
The longest-serving justice will remain
At the time, Stevens was serving on the
Stevens “has earned the gratitude and admiration of
the American people for his nearly 40 years of distinguished service to
the judiciary, including more than 34 years on the
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(c) 2010, McClatchy-Tribune Information Services.
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