# Let's admit it already: Justice Stevens is retiring this year **URL:** \ **Category:** Great Debates\ **Created:** [April 5, 2010, 2:52pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024 "2010-04-05T14:52:48Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 5, 2010, 8:12pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/41 "2010-04-05T20:12:27Z")
Why the love for Sunstein? He seems to have been a supporter of some of Bush’s worst excesses and a supporter of federal executive power. (according to Wikipedia) ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [April 5, 2010, 8:14pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/42 "2010-04-05T20:14:25Z")
> [@Tom\_Tildrum](#): > > Almost certainly not. The Constitution provides that the Supreme Court is a lifetime appointment. One cannot be appointed to a term that expires on a set date. Almost certainly yes. There have been 15 recess appointments to the Supreme Court. I think the only one who didn’t go on to get confirmed by the senate afterwards was John Rutledge, who was a crazy jerk. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [April 5, 2010, 8:19pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/43 "2010-04-05T20:19:30Z")
> [@Procrustus](#): > > Why the love for Sunstein? He seems to have been a supporter of some of Bush’s worst excesses and a supporter of federal executive power. (according to Wikipedia) I’m a big fan of judicial minimalism and a strong executive. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 5, 2010, 8:31pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/44 "2010-04-05T20:31:14Z")
> [@Captain\_Amazing](#): > > I’m a big fan of judicial minimalism and a strong executive. Okay, then, Sunstein fits the bill. Personally, I’d rather put my faith in the courts than the President to make sure my rights are protected. (Acknowledging courts sometimes get it wrong and Presidents would sometimes get it right) ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [April 5, 2010, 9:09pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/45 "2010-04-05T21:09:02Z")
> [@Captain\_Amazing](#): > > Almost certainly yes. There have been 15 recess appointments to the Supreme Court. I think the only one who didn’t go on to get confirmed by the senate afterwards was John Rutledge, who was a crazy jerk. Interesting! Ignorance fought, thanks! I would never have guessed that this would be considered constitutional. Once you put me on the trail, though, I found an interesting overview [article](http://www.senate.gov/reference/resources/pdf/RL31112.pdf) by the Congressional Research Service. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 5, 2010, 9:40pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/46 "2010-04-05T21:40:25Z")
> [@Captain\_Amazing](#): > > 1. He’s a Republican > 2. There’s no way, after the Schiavo thing that he’d get confirmed. That was a joke. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [April 5, 2010, 10:52pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/47 "2010-04-05T22:52:21Z")
Of the serious contenders (define that category however you’d like), who’s the youngest? It seems to me that installing a young judge, with a long career ahead of em, would have more impact than an old one who’s soon to retire. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [April 5, 2010, 11:07pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/48 "2010-04-05T23:07:26Z")
> [@Chronos](#): > > Of the serious contenders (define that category however you’d like), who’s the youngest? It seems to me that installing a young judge, with a long career ahead of em, would have more impact than an old one who’s soon to retire. I don’t know who’s considered serious and who isn’t. But yes, there’s a preference for younger judges for that exact reason. Roberts and Alito and Sotomayor could all be one the court for 20 or 30 years if their health holds up and Obama’s likely to go down that road the same way Bush did. Here’s the age of (I think) everybody mentioned in this thread so far: Kagan: 49 (4/28/1960) Karlan: about 50 (1959) Granholm: 51 (2/5/59) Patrick: 53 (7/31/56) Sunstein: 55 (9/21/54) Koh: 55 (12/8/54) Garland: 57 (11/13/52) D. Wood: 59 (born 7/4/50) Benavides: 63 (2/3/47) Echohawk: about 65 Dworkin: 68 (1211/31) Cabranes: 69 (12/22/1940) ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 5, 2010, 11:10pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/49 "2010-04-05T23:10:31Z")
> [@Captain\_Amazing](#): > > The Republicans have already said they’re going to filibuster who he picks. Well, John Kyl has said they will filibuster who he picks if that person is “an overly ideological person”. Kyl also said that the filibuster is “wrong and it shouldn’t be done”, but that since Democrats do it, Republicans will have to do it too. Which would be a nice quid pro quo for what the Dems have done to Republican presidents’ nominees BUT I think that the public believe that these sort of nominations are the perogative of the president so a filibuster is the wrong political choice. I say that we pull the Dem move stressing ADVICE and consent of the Senate then vote 41-0 for someone if they’re not terribly left-wing. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [April 6, 2010, 2:11am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/50 "2010-04-06T02:11:45Z")
> [@Marley23](#): > > I’m not sure how you delay a confirmation hearing itself. You refuse to hold it at all. That was Jesse Helms’ approach. 'Course it only works if you hold the chairmanship. The GOP strategy could only be to footdrag until after the election, and hope against hope they get it back. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [April 6, 2010, 2:27am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/51 "2010-04-06T02:27:08Z")
“Justice Echohawk” would be the coolest name on a federal Court since “Justice Learned Hand”. ---
**Author:** ![sleeping](https://avatars.discourse-cdn.com/v4/letter/s/839c29/32.png) [@sleeping](https://boards.straightdope.com/u/sleeping)\ **Post date:** [April 6, 2010, 2:52am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/52 "2010-04-06T02:52:15Z")
> [@villa](#): > > I hope Stevens is replaced by an intellectual giant with a coherent and consistent philsophy of law and the constitution. Someone like Ronald Dworkin, but he is too old. > > We need someone who can challenge the prevalence of textualism, and not from a pragmatist viewpoint. How about Charles A. Beard? I’d bet he’s still got some fight left in 'im. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [April 9, 2010, 2:44pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/53 "2010-04-09T14:44:53Z")
Indeed. And now The Washington Post is reporting that he’s made it official. > **[Justice John Paul Stevens announces his retirement from Supreme Court](https://www.washingtonpost.com/wp-dyn/content/article/2010/04/09/AR2010040902312.html)** > > John Paul Stevens to retire from court in June. John Paul Stevens is the longest-serving member of the current Supreme Court and the leader of its liberal wing. One more large fight for the President, is my prediction. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [April 9, 2010, 2:45pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/54 "2010-04-09T14:45:41Z")
[And it’s official: he’s retiring.](http://news.blogs.cnn.com/2010/04/09/supreme-court-john-paul-stevens-to-retire/?hpt=T1) EDIT: Err, yeah. It’ll be a fight but Obama will get this done. This won’t shift the balance of the court. If Kennedy retired or died, you’d see total fury. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [April 9, 2010, 2:54pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/55 "2010-04-09T14:54:02Z")
My prediction: Prominent Republicans in power will oppose whoever he choses. My other prediction: Tomorrow is Saturday. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [April 9, 2010, 3:04pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/56 "2010-04-09T15:04:18Z")
I’ll make another really safe prediction and say this time the White House will do a better job of vetting their own fucking nominee. The ‘wise Latina’ comment was unimportant but they were obviously caught off guard when it was discovered. They’re going to do everything they can to make sure that doesn’t happen again. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [April 9, 2010, 3:10pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/57 "2010-04-09T15:10:54Z")
As long as the Pubbies will have a conniption fit no matter who Obama nominates, why not really piss 'em off and nominate Hillary? ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [April 9, 2010, 3:12pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/58 "2010-04-09T15:12:41Z")
Enlighten me. Is Stevens generally considered a conservative, liberal or middle-of-the-birder? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [April 9, 2010, 3:13pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/59 "2010-04-09T15:13:47Z")
> [@BobLibDem](#): > > As long as the Pubbies will have a conniption fit no matter who Obama nominates, why not really piss 'em off and nominate Hillary? She’s already got a job that pisses them off. Nominate _Bill_. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 9, 2010, 3:23pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/60 "2010-04-09T15:23:30Z")
Clinton has never previously been a member of the judiciary. She’s not really any more qualified than Harriet Miers, and you remember how _that_ went. [Previous page](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024.md?page=2) [Next page](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024.md?page=4)