Supreme Court Justice John Paul Stevens will retire from the nation’s highest court this summer, at the end of this session.
Stevens’ retirement, announced in a statement by Chief Justice John Roberts, will give President Obama his second opportunity to appoint a justice.
The statement from Roberts:
Associate Justice John Paul 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 Supreme Court. He has enriched the lives of everyone at the Court through his intellect, independence, and warm grace. We have all been blessed to have John as our colleague and his wife Maryan as our friend. We will miss John’s presence in our daily work, but will take joy in his and Maryan’s continued friendship in the years ahead.
Stevens announced his retirement in a letter to President Obama:
Having concluded that 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, I shall retire from regular active service as an Associate Justice, under the provisions of 28 D.S.C. § 371(b), effective the next day after the Court rises for the summer recess this year.
Obama will discuss the retirement at 1:20 p.m. ET in the Rose Garden, when he is also scheduled to speak about the West Virginia mine disaster. [Late update: Obama will make remarks closer to 1:45 p.m. ET.]
The retirement sets up a Senate confirmation battle for Obama’s nominee over the summer. The Senate also faces a tough fight in coming months over ratifying the administration’s nuclear arms treaty with Russia, just signed this week in Prague.
Justice Sonia Sotomayor’s confirmation took just over two months.
As Christina Bellantoni reported this week, both conservatives and liberals have been scrambling to prepare for this retirement and research possible nominees.
A White House official says a court clerk delivered Stevens’ letter to the White House at 10:30 a.m. today. White House Counsel Bob Bauer called the president, now flying back to the United States from Prague, at about 10:45.
Earlier this week, White House Press Secretary Robert Gibbs told reporters the administration was prepared for a retirement.
“If somebody retires from the Supreme Court, we will be ready,” Gibbs said.
Three of the frontrunners, via Chris Lehmann at Yahoo, are Elena Kagan, the U.S. solicitor general, Judge Diane Wood of the 7th U.S Circuit Court of Appeals and Judge Merrick Garland of the D.C. Circuit Court of Appeals. The Associated Press names the same three. Above The Law considers Kagan the clear frontrunner.
White House sources tell ABC News that all three are on the president’s short list of fewer than 10 names. The decision will be made in the “coming weeks.”
Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, released a statement praising Stevens and calling on senators from both sides to make the confirmation process “a thoughtful and civil discourse.”
“All Senators should strive to fulfill their constitutional duty of advise and consent, and give fair and thorough consideration to Justice Stevens’ successor,” Leahy said.
The committee’s ranking member, Sen. Jeff Sessions, released a lengthy statement that reads, in part:
The public is deeply concerned about the future of our country, and I expect that the American people will watch these proceedings more closely than ever before. There is much at stake, as the court’s interpretation of the Constitution in the coming years could significantly affect the implementation of domestic polices approved by the president and Congress over the past year.
I hope I will be able to support the individual selected by the president, as I have a majority of his judicial nominees. But, as I have said before, I cannot and will not vote for a nominee with a record that fails to demonstrate a commitment to the Constitution, the rule of law, and the oath of a judge.
Sen. Orrin Hatch (R-UT), a member of the committee, issued a statement calling for Obama to avoid “activist judges.”
“Every President has an obligation to nominate Judges who understand and are committed to their proper role in our system of government. As I have said for many years, someone who would be an activist judge, who would substitute their own views for what the law requires, is not qualified to serve on the federal bench,” Hatch said. “The confirmation process should be fair and thorough, and the President’s nominee should be judged by this standard.”
Sen. Chuck Schumer (D-NY), a member of the committee, called for a quick confirmation process and for a good nominee from the president.
“At a time when Americans are yearning for bipartisanship, we hope the President will choose a candidate who both merits consensus support and lives up to Justice Stevens’ fine legacy. We hope both sides of the aisle in the Senate would quickly confirm such a nominee,” he said in a statement.
Senate Minority Leader Mitch McConnell promised a “sustained and vigorous case for judicial restraint” from Republicans.
“As we await the President’s nominee to replace Justice Stevens at the end of his term, Americans can expect Senate Republicans to make a sustained and vigorous case for judicial restraint and the fundamental importance of an even-handed reading of the law,” he said in a statement.
Senate Majority Leader Harry Reid called on Republicans to be fair and respectful.
“I am confident that President Obama will use the same wisdom that he showed with his nomination of Justice Sotomayor and name a well-qualified successor. I encourage my Republican colleagues to join us in conducting fair, respectful hearings and swift confirmation of the President’s nominee,” Reid said in a statement.
Sen. Al Franken (D-MN), also on the committee, praised Stevens in a brief statement.
“Justice Stevens has served on the highest court with distinction for over three decades. But just because he deserves the break, doesn’t mean he won’t be missed. I want to thank him for his extraordinary dedication to our country and our system of justice. I hope that President Obama will nominate a successor who shares Stevens’ values and commitment to the rule of law,” Franken said.
Sen. John Cornyn (R-TX), who sits on the committee, released a statement calling for a “dignified” process.
“Our nation deserves a Supreme Court nominee who is committed to deciding cases impartially based on the law, not on personal politics, preferences, or what’s in the nominee’s ‘heart.’ It is my expectation that Senators on both sides of the aisle will work to ensure both a dignified and respectful process for our next nominee,” he said.
Another committee member, Sen. Herb Kohl (D-WI), praised Stevens’ “Midwestern sensibility.”
“Justice Stevens has served on the Supreme Court with the utmost integrity, honor, and Midwestern sensibility. He contributed a lifetime of experience, knowledge, legal acumen and leadership to some of the most important legal issues in our nation’s history. I thank Justice Stevens for his lifetime commitment to public service; he will be greatly missed. I look forward to confirming a nominee that will carry on his distinguished legacy,” Kohl said in a statement.
Another, Sen. Ben Cardin (D-MD), called for Obama to consult closely with the Senate in selecting his nominee.
“As President Obama considers potential nominees to fill the large shoes of Justice Stevens, I expect him to follow the precedent he set with the nomination of Associate Justice Sotomayor and consult closely with the Senate throughout the process. I look forward to giving fair and thoughtful consideration to Justice Stevens’ successor,” he said in a statement.
The ABA Journal, in a long profile, declares, “The more things changed, the more John Paul Stevens stayed the same.”
The Judicial Crisis Network, one of the main groups that opposed Sotomayor’s confirmation, released a statement blasting President Obama’s “left-wing agenda.”
“The American people are fed up with President Obama’s left-wing agenda and will make their frustration known at the polls. But he still has one ace up his sleeve: packing the Supreme Court with rubber stamps instead of judges. To an activist judge, the constitution represents an inconvenient truth that they will distort, ignore, or defy to push their radical liberal agenda,” said chief counsel Carrie Severino.
The group’s executive director, Gary Marx, also spoke to TPM and Kagan as inexperienced and Wood as “one of the most radical judges” Obama could choose. He said his group has not done enough research on Garland.
