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Will Justice Stevens be the next Supreme Court retiree?

Posted by: Gerald Smith
September 08, 2009
Topic: News and Commentary

Supreme Court Justice John Paul Stevens has ignited speculation that he may step down by the end of the Court’s term which begins in October. Justice Stevens hired only one clerk for the term. Justices normally have four clerks. Retired justices are allowed on law clerk.

Many observers and commentators have pointed to Justice David Souter’s retirement, noting that came after he had hired only one clerk. Justice Stevens confirmed he has hired only one clerk, but did not indicate whether he plans to step down.

At 89 years old, Stevens is the second oldest Justice to serve on the Court. Only Justice Oliver Wendell Holmes was older while still on the bench. Stevens also has the seventh longest term of service on the Court, with nearly 34 years already served. He was appointed in 1975 by President Gerald Ford.

Justice Stevens has been recognized as one of the more liberal voices on the Court, arguing for limitations on the death penalty and increasing gay rights. It is unlikely his retirement would change the general philosophical balance of the Court, as President Barrack Obama will almost surely appoint an equally liberal judge. Nonetheless, he has been also recognized as a skilled strategist and his loss on the Court might very well lead to a reduction in compromised rulings.

There has also been some speculation about Justice Ruth Bader Ginsburg, who reportedly has fully recovered from pancreatic cancer. Ginsburg is 76, but has stated she plans to serve into her 80s. She has hired the full contingent of four law clerks for the coming term.

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Associated Press

Washington Post

New York Times

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