The Loss of A Legend

The End of an Era

On Friday, April 9th 2010 the 4th longest serving Supreme Court justice in U.S. history announced his retirement. Senior Associate Justice John Paul Stevens announced that after nearly 35 years and over 8,200 cases, he was ready to retire at the ripe old age of 90. The loss of Justice Stevens is profound in that he has been a leading figure in Supreme Court rulings and opinions for decades, serving under seven presidents (Ford through Obama) and three Chief Justices (Burger, Rehnquist, and Roberts). He is known as a leading consensus builder in high profile cases, such as the Affirmative Action cases (like Grutter v. Bollinger), where he brought then Justice Sandra Day O'Conner and others together to form the majority consensus.

Through his near 35 years of experience on the Court, he has maintained a moderate conservative stance, championing issues like: search and seizure, election case precedents, and the death penalty. However, he has drawn criticism from his party for his poor voting record on states rights and freedom of speech. Being a World War II veteran, he found the idea of flag burning to morally reprehensible and deemed the flag to important of a symbol to not be protected from desecration. He was also an outspoken critic of Bush v. Gore, believing that the recount was a travesty and humiliation to the judges who had made the decisions in the state of Florida.

Stepping out of his Shadow

So how does one go about replacing this staple on the Court? Who could possibly fill his shoes? According to CNN, there is a short list floating around the White House, with three names currently topping the list. I've done a little research and below, in no particular order, is a mini-biography for each.

First, is the current Solicitor General Elena Kagan, the first woman to ever hold that position. The Solicitor General is the appointed representative who argues cases before the Supreme Court for the United States government. Thus her current position gives her hands on knowledge to the proceedings of the Supreme Court and a preexisting relationship with the other Justices. Elena Kagan has been known to have a strong consensus building leadership style much like Justice Stevens and is also known as proud opponent of "Don't Ask, Don't Tell".

Another leading candidate is Judge Diane Wood, a federal judge appointed to the United States Court of Appeals for the Seventh Circuit. Her nomination, by President Clinton, was approved of unanimously by the United States Senate and has become known as a liberal heavy weight who is a profound consensus builder with a great ability to rally others to her position. She is well known for her part in trying, the then Illinois Governor, George Ryan in a federal mail fraud case as well as her tough stance against big business, but she is not necessarily considered unfriendly towards them.

The last candidate is federal Judge Merrick Garland, who sits on the United States Court of Appeals for the District of Columbia. After having a very difficult nomination process, Garland has obtained a reputation for being a moderate judge. His most notable ruling was the overturn of the determination of the Hufiaza Parhat's Combatant Status Review Tribunal, which called for his immediate release from Guantamano Bay, Cuba, or to institute a new tribunal.

This is just a quick look at the top three contenders and I am not necessarily even saying that one of these three will receive the nomination. The "short list" of about ten names is also said to include: Elizabeth Warren (the Financial Industry Watchdog), Judge Sidney Thomas, and Justice Carlos Morena of the California Supreme Court. Also on the list is Janet Napolitano the current Secretary of Homeland Security, although after her comments about the "Christmas Day Terror Plot", her credibility and favor seems to have been diminished.

After reviewing the candidates, some important questions need to be asked, like: how could the possible, and probable, nomination of a liberal judge to the historically moderate-right leaning Court affect our nation? What could this mean for issues like: abortion, gun rights, or even gay rights? I encourage you all to research these people and let me know who you all think would have the best chance to live up to the legacy left behind by Senior Associate Justice John Paul Stevens and lead our nation into the coming years.

Later,
Cody

p.s. In case you were wondering, my current pick would probably be Elizabeth Warren, not saying she will get the nod, because it seems increasingly likely she won't, but I just identify the most with her, seeing as how she is a fiscal conservative and seems to have a strong sense of what is or is not constitutional.

(Photo: Courtesy of the Associated Press)