Snappy newsletters. Simple Facebook sharing. Spirited comments. Sweet features are waiting… GET THEM NOW!

Stevens' Exit Would Break Court Tradition

Tradition sees justices sticking with party that appointed them

By Nick McMaster,  Newser Staff

Posted Sep 3, 2009 2:11 PM CDT

(Newser) – Supreme Court justices have traditionally waited to retire until a member of the same party that nominated them held the presidency, writes Kate Klonick for True/Slant. The custom has prevailed even when the justice’s ideology drifted away from that party. But if the rumors about John Paul Stevens’ imminent retirement are true, the Obama presidency may signal a new trend in “activist” retirement.

Bush 41 appointee David Souter emerged as a liberal and retired under President Obama—ensuring that a liberal would replace him. If Stevens, a Gerald Ford nominee, "retires now, it will make two justices in a row who clearly held out longer than they wanted so that the President in office would be closer to their ideology rather than the party of the president who nominated them," Klonick writes.

FILE - In this Thursday, July 19, 2007 picture, U.S. Supreme Court Justice John Paul Stevens comments on the court at the 9th Circuit Judicial Conference in Honolulu.
FILE - In this Thursday, July 19, 2007 picture, U.S. Supreme Court Justice John Paul Stevens comments on the court at the 9th Circuit Judicial Conference in Honolulu.   (AP Photo/Lucy Pemoni)
FILE - In this Oct. 31, 2005, file photo, Associate Justice John Paul Stevens joins the members of the Supreme Court for photos during a group portrait session, at the Supreme Court  in Washington.
FILE - In this Oct. 31, 2005, file photo, Associate Justice John Paul Stevens joins the members of the Supreme Court for photos during a group portrait session, at the Supreme Court in Washington.   (AP Photo/J. Scott Applewhite)
« Prev« Prev | Next »Next » Slideshow
To report an error on this story, notify our editors.
A snapshot of the day's best news stories.
 
COMMENTS
Showing 3 of 5 comments
super_soft_wizard
Sep 9, 2009 1:12 AM CDT
...because the last president was less likely to do so? wtf are you on about? It's like you just heard of the word 'corporatist' and you are showing it off like a shiny new toy.
Stuart
Sep 8, 2009 12:31 PM CDT
Perhaps it is time to make service on the Supreme Court term limited - 12-15 years is long enough to have no pressures, but ends the ridiculousness of Life appointments.
JonmarkP
Sep 4, 2009 8:01 AM CDT
He's ensuring that Obama can appoint another Corporatist, like Sotomayor. Watch.

More Newser Stories

Bowties Bid Stevens Adieu on Last Day

Justice John Paul Stevens Will Retire

A First for Stevens: Feeling Tired on the Bench

Justice Stevens: I May Retire

Supreme Court Won't Spare Beltway Sniper


NEWS FROM OUR PARTNERS
Other Sites We Like:   24/7 Wall St.   |   Betty Confidential   |   BuzzFeed   |   Cracked   |   Fark   |   Timelines   |   The Frisky   |   Geek Sugar   |   NewsOne