Legal News

Report: Justice Stevens to Decide on Retirement Within Weeks

By Ashby Jones

It might not be accurate to say that every time a reporter gets a one-on-one sit down with a Supreme Court justice, the resulting article is automatically a “must-read.”

But for court followers and many LBers (and this blogger), those articles (sporadic though they are) are often among the most compelling, surprising and interesting pieces to emerge out of the legal world. And that brings us to Jeffrey Toobin’s piece on Justice John Paul Stevens in this Week’s New Yorker. Click here for it.

Even more than Chief Justice John Roberts or the irrepressible Justice Antonin Scalia, Justice Stevens has in recent days become the Justice To Watch, namely because rumors continue to swirl that the 89-year old will soon step down, paving the way for another President Obama appointment. Toobin’s piece is a good one, providing insight into the thoughts and inner workings of the fourth-longest-serving justice in the court’s history:

Stevens, on his own plans:

I asked Stevens about his plans.

"Well, I still have my options open," he said. "When I decided to just hire one clerk, three of my four clerks last year said they'd work for me next year if I wanted them to. So I have my options still. And then I'll have to decide soon." On March 8th, he told me that he would make up his mind in about a month.

Stevens, on his own plans, Part II:

As for Obama, Stevens said, "I have a great admiration for him, and certainly think he's capable of picking successfully, you know, doing a good job of filling vacancies." He added, "You can say I will retire within the next three years. I'm sure of that."

Stevens, on the political makeup of the current court:

I asked him if the center of gravity had moved to the right since he became a Justice. "There's no doubt," he said. "You don't have to ask me that. Look at Citizens United." He added, "If it is not necessary to decide a case on a very broad constitutional ground, when other grounds are available, then doesn't that create the likelihood that people will think you're not following the rules?"

Finally, Justice Stevens on “originalism”:

"The original intent cannot be the final answer-the world changes," Stevens told me. "But I think it's always a part of your job to take a look at what you can find out about the original drafting and all the rest of it."

Full post as published by Law Blog - WSJ.com on March 15, 2010 (boomark / email).