# Let's admit it already: Justice Stevens is retiring this year

**URL:** <https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024>\
**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:** 12\
**Page:** 5

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [April 10, 2010, 12:48am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/81 "2010-04-10T00:48:03Z")

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> [@Marley23](#):
>
> [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.

I’m imagining what happens if Obama gets the chance to nominate **Scalia’s** successor. He is 74, after all. 😃

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**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\
**Post date:** [April 10, 2010, 12:56am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/82 "2010-04-10T00:56:45Z")

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> [@Bricker](#):
>
> It’s the job of a judge to determine what words of the law mean, and how a particular law applies to a particular set of fact.

That’s textualism? I thought that was positivism. And I thought Dworkin was the big positivist guy. And I thought you were saying Dworkin was bad.

I’m clearly very confused.

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [April 10, 2010, 4:20am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/83 "2010-04-10T04:20:28Z")

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> [@spoke-](#):
>
> And I also wish we would get out of the pattern of nominating law professors and career justices with little or no real world experience.

:dubious: How are those things not part of the “real world”?! And what better experience **is** there for a SCOTUS judge?!

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**Author:** ![Spoke](https://avatars.discourse-cdn.com/v4/letter/s/a88e57/32.png) [@Spoke](https://boards.straightdope.com/u/Spoke)\
**Post date:** [April 10, 2010, 5:50am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/84 "2010-04-10T05:50:24Z")

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“Real world” was a poor choice of words, but I stand by my larger point. Some of our best Supreme Court justices were not plucked from the bench or from the university. The pattern of appointing only judges or law professors to the Supreme Court is really a recent development.

Someone who has spent their better part of their lives behind a bench may have very little appreciation for the practical effects of judicial decisions on the lives of the people touched by them. I would like to see the experience base of the court broadened a bit.

And here’s a different angle:

If you want a justice capable of building consensus on the court, maybe appointing a politician wouldn’t be a bad idea. After all, winning people over is what they do. There is plenty of precedent for appointing politicians (though not recently).

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**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 10, 2010, 6:39am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/85 "2010-04-10T06:39:01Z")

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For the record, the last justice to hold public office was Sandra Day O’Connor, who was an elected judge, and before that, the majority leader of the Arizona senate.

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**Author:** ![Spoke](https://avatars.discourse-cdn.com/v4/letter/s/a88e57/32.png) [@Spoke](https://boards.straightdope.com/u/Spoke)\
**Post date:** [April 10, 2010, 7:15am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/86 "2010-04-10T07:15:17Z")

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> [@BrainGlutton](#):
>
> I’m imagining what happens if Obama gets the chance to nominate **Scalia’s** successor. He is 74, after all. 😃

I wouldn’t wish ill health on anyone. Nope. Wouldn’t do it. Not even on the guy who perverted the Supreme Court to thwart a presidential recount and hand the election to his favored candidate. No, wouldn’t wish ill health on him. Nosiree. That would be _wrong_. And I would be a bad person for making such a wish. So I wouldn’t do it, is what I’m saying.

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**Author:** ![E-Sabbath](https://avatars.discourse-cdn.com/v4/letter/e/e19adc/32.png) [@E-Sabbath](https://boards.straightdope.com/u/E-Sabbath)\
**Post date:** [April 10, 2010, 11:19am UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/87 "2010-04-10T11:19:41Z")

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> [@BrainGlutton](#):
>
> I’m imagining what happens if Obama gets the chance to nominate **Scalia’s** successor. He is 74, after all. 😃

I think it’s slightly more likely that Thomas will have a heart issue in the next six years and be forced to step down. Lazy sumbitch that he is, _any_ replacement could change the character of the court.

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**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 10, 2010, 4:50pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/88 "2010-04-10T16:50:58Z")

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Well, they could just give Scalia two votes.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [April 10, 2010, 6:16pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/89 "2010-04-10T18:16:57Z")

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> [@BrainGlutton](#):
>
> I’m imagining what happens if Obama gets the chance to nominate **Scalia’s** successor. He is 74, after all. 😃

It’s not unthinkable if Obama were to get re-elected. Scalia is now the most senior judge on the court, by the way. Ginsburg is the oldest.

> [@spoke-](#):
>
> If you want a justice capable of building consensus on the court, maybe appointing a politician wouldn’t be a bad idea. After all, winning people over is what they do.

According to that New Yorker article at least, that was one of Stevens’ strong points.

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [April 10, 2010, 6:37pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/90 "2010-04-10T18:37:00Z")

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> [@Jack\_Batty](#):
>
> If Obama had any balls, he’d nominate an atheist. That would really send the TeaBaggers over the edge.

Fucking hell – let him nominate a _Muslim_. 😃

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**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 10, 2010, 7:44pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/91 "2010-04-10T19:44:52Z")

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> [@Guinastasia](#):
>
> Fucking hell – let him nominate a _Muslim_. 😃

I don’t think there are any Muslims who are nominatable. I mean, there’s Dr. Abdullahi An-Na’im, but he focuses more on international human rights issues. There’s Dr. Azizah al-Hibri, but she’s also human rights and feminism. Then there’s Bernard Freamon, but I don’t see anybody nominating him. I can’t even think of any other Muslim law professors in the US.

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**Author:** ![Damuri\_Ajashi](https://avatars.discourse-cdn.com/v4/letter/d/898d66/32.png) [@Damuri\_Ajashi](https://boards.straightdope.com/u/Damuri_Ajashi)\
**Post date:** [June 29, 2010, 8:56pm UTC](https://boards.straightdope.com/t/lets-admit-it-already-justice-stevens-is-retiring-this-year/535024/92 "2010-06-29T20:56:37Z")

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> [@E-Sabbath](#):
>
> I think it’s slightly more likely that Thomas will have a heart issue in the next six years and be forced to step down. Lazy sumbitch that he is, _any_ replacement could change the character of the court.

The right would probably assplode if Obama got to nominate both their successors.

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