Departure of Stevens leaves big shoes to fill at US Supreme Court
US Supreme Court Justice John Paul Stevens, a one-time centrist maverick who became a powerful leader of the Court's liberal wing, announced his retirement on Friday (9 May), just 11 days short of his 90th birthday. When Stevens departs at the end of the current term in late June or early July, he will have been one of the oldest and longest-serving justices in US history, appointed by President Gerald Ford in 1975, and the last justice with World War II service.
April 12, 2010 at 12:53 PM
6 minute read
US Supreme Court Justice John Paul Stevens, a one-time centrist maverick who became a powerful leader of the Court's liberal wing, announced his retirement on Friday (9 May), just 11 days short of his 90th birthday.
When Stevens departs at the end of the current term in late June or early July, he will have been one of the oldest and longest-serving justices in US history, appointed by President Gerald Ford in 1975, and the last justice with World War II service.
Stevens' departure sets up the likelihood of a contentious confirmation battle this summer, almost no matter who President Barack Obama nominates to replace him. Speculation in Washington immediately settled on Solicitor General Elena Kagan and federal appeals judges Diane Wood and Merrick Garland as the most likely possible successors, though other names ranging from Homeland Security Secretary Janet Napolitano to Minnesota Democratic Senator Amy Klobuchar have also been mentioned.
Although a new Obama-appointed justice may vote the same way Stevens would in most cases, the stakes are high because of Stevens' role as a crucial strategist within the Court. Because of his seniority, Stevens was also the justice who assigned the writing of opinions whenever he was in the majority and Chief Justice John Roberts Jr was not. Justice Antonin Scalia, who joined the Court in 1986, will be the most senior associate justice when Stevens leaves.
"They are enormous shoes to fill," said former Stevens law clerk Pamela Harris, now executive director of the Supreme Court Institute at Georgetown University Law Center. "He is a Gerald Ford Republican and is at the very left of this Court. Both things are true."
Diane Amann, a University of California, Davis School of Law professor who is writing a book on Stevens' jurisprudence, said, "In his 40 years as a federal judge, Justice Stevens has helped to shape the law's response to the issues of our day. He has influenced how our society considers criminal justice and capital punishment, gay rights and reproductive freedom, the role of the government in fostering diversity and the powers of the president in time of crisis."
Though not unexpected, the timing of Stevens' announcement came as a surprise in Washington. Stevens was at his second home in Fort Lauderdale, Florida, and his letter was conveyed to the White House counsel's office by an unnamed Court representative. White House counsel Robert Bauer phoned Obama with the news while Obama was on Air Force One.
In his letter, Stevens pointedly indicated he was announcing it now so his successor could be confirmed "well in advance" of the beginning of the Court's fall term in October.
Obama, reacting to Stevens' announcement, also pledged to move quickly to find someone who would match Stevens "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."
Underscoring his criticism of the Supreme Court's 21 January decision in Citizens United v Federal Election Commission, Obama also said he would look for someone who understands that corporate interests should not "drown out" the voices of average citizens. Stevens was the leading dissenter in the 5-4 Citizens United case, which relaxed regulation of corporate and union participation in political campaigns.
'Consummate dealmaker'
Born in Chicago into a wealthy family that built what was once the world's largest hotel, Stevens had a modest manner, often sporting an impish smile above his trademark bow ties on and off the bench. When he addressed a lawyer during oral argument, Stevens would often start meekly with, "Counsel, may I interrupt." Then he would ask what lawyers often found to be the most penetrating or difficult question.
"It's a modesty born of extreme confidence. He knows he is smart," said Chicago journalist Bill Barnhart, whose biography of Stevens will be published soon. "He enjoys being a facilitator, being engaged in the process of compromise." By most accounts, Stevens is the only current justice who writes the first drafts of at least some of his opinions, and his ability to write quickly helped him shape coalitions and compromises early, when drafts are being circulated among justices.
"He is the consummate dealmaker," said Mayer Brown partner Andrew Pincus, a frequent advocate before the Court. "When I appear before him, he always seems quicker and better. I feel like I'm the one who has aged, not him."
Stevens leaves a diverse legal legacy, authoring landmark decisions ranging from Reno v ACLU, the 1997 decision that anointed the internet with broad First Amendment protection, to Chevron v Natural Resources Defense Council [1984], which has guided the administrative state ever since. In Rasul v Bush and Hamdan v Rumsfeld, Stevens asserted the role of the courts even in wartime determinations of the fate of detainees held at Guantanamo Bay. Those rulings harkened back to Stevens' own role as a law clerk to Justice Wiley Rutledge in a 1948 post-World War II ruling Ahrens v Clark. During his own military service, Stevens was a code-breaker during World War II.
A 2005 decision by Stevens, Kelo v City of New London, triggered a broad public backlash by upholding a city's plan to take a private home by eminent domain for the benefit of a private development. He later said he personally disagreed with the decision, but was compelled by Court precedents to rule against the homeowner. He also vigorously denied the decision was an example of judicial activism, as critics had charged.
Another memorable ruling by Stevens came in 1997 in Clinton v Jones, regarding Paula Jones' civil lawsuit against President Bill Clinton – which launched a chain of events leading to Clinton's impeachment. "It appears highly unlikely to occupy a substantial amount of [President Clinton's] time," Stevens wrote. Along with assessments of the Titanic's seaworthiness, that may rank among the last century's most inaccurate predictions. In a post-impeachment speech, however, Stevens defended the decision and doubted that any justice would change his or her vote even in light of what had transpired since.
The National Law Journal is a US sister title of Legal Week.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLatham's magic circle strikes, pay rises and EY's legal takeover: the best of Legal Week over the last few weeks
3 minute readJob losses, soaring partner profits and Freshfields exits - the best of Legal Week over the past two weeks
3 minute readMagic circle PEP hikes, the associate pay conundrum and more #MeToo - the best of Legal Week last week
3 minute readTrending Stories
- 1'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 2Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 3‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 4State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
- 5Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250