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Friday, April 9, 2010

Supreme Court Justice John Paul Stevens Steps Down

(Reuters) Senior Supreme Court Associate Justice John Paul Stevens, one of the oldest and longest serving members of the U.S. Supreme Court, announced in a letter to President Obama that he's stepping down as a Supreme Court Justice. Stevens, just eleven days shy of turning 90, served on the U.S. Supreme Court since 1975. He was appointed by Republican President Gerald Ford. Stevens succeeded William O. Douglas, who served on the Supreme Court for 36 years. Stevens was considered a liberal stalwart on the court. In his earlier years, it was said he was more moderate in his rulings. For example, sometimes he ruled differently on affirmative action issues and the death penalty. Ever since William Rehnquist was elevated to the position of Chief Justice in 1986, Stevens has sided with the liberal wing of the court consistently. Stevens served under Chief Justices Warren Berger, William Rehnquist, and John Roberts. In 1994, when Harry Blackmun retired from the Supreme Court, Stevens became the senior associate justice. As a result of that position, the associate justice next in line in regards to seniority can step in when the Chief Justice is sick or unavailable. Between the death of William Rehnquist and the inauguration of John Roberts as the new Chief Justice, Stevens stepped into the role as Chief Justice. Prior to being appointed to the highest court in 1975, Stevens was once a lawyer and was appointed to a lower federal court by Presidents Richard Nixon and Gerald Ford. Some of the liberal positions that Justice Stevens upheld were abortion and gay rights, his support for affirmative action laws, gun restrictions, and he ruled in favor of allowing lawsuits against the tobacco and pharmaceutical companies.

Upon receiving the announcement of Steven's resignation, President Obama proised to name a successor quickly setting the stage for a partisan election-year Senate confirmation battle. Last year President Obama had his first opportunity to appoint Sonia Sotomayor as the associate justice on the Supreme Court. She was largely voted on party lines for the most part, 68-31. Senate Minority Leader Mitch McConnell stated that they will hear from the Republicans in the confirmation process. McConnell stated there needs to be a justice chosen that can practice judicial restraint and not be an activist.

An administration official stated than the President is considering 10 possible nominees. President Obama paid tribute to Justice Steven's tenure on the Court. He said his nominee, like Stevens, must not be allowed to drown out the voices of ordinary citizens. "I will 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." Some of the possible nominees President Obama is considering are Solicitor General Elena Kagan, U.S. Appeals Court Judges Diane Wood and Merrick Garland. Diane Wood is considered to have the most experience when it comes to her position. She is considered a top expert on international competition law.

Considering the fact that Stevens has sided consistently with the liberal wing of the Court, President Obama's choice for justice shouldn't disturb the balance of the Court. The Court presently has four liberals, four conservatives, and one moderate. The moderate is Anthony Kennedy. Kennedy is considered the swing vote. If Kennedy or a conservative justice such as Antonin Scalia were to decide to resign from the Court, then in all likelihood, the balance of the court would change simply because Obama is a left-wing president and he isn't going to nominate a conservative to replace a conservative. Left-wing progressives rely on the Court to pass their agenda. Any nominee Obama would appoint would naturally be a left-winger. However, that's the result of electing a far-left President. The old adage says, "To whom the victor goes the spoils."

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