I was watching the Rachel Maddow Show last Tuesday, and the guest Jeffrey Toobin, legal analyst and author of The Nine was discussing his recent article in the March 22 issue of the New Yorker. Justice John Paul Stevens, having been appointed by President Ford in 1975, he is the longest serving Justice on the current Court by more than a decade and the fourth-longest serving Justice in the history of the Court. He has become known for his bow ties, cordiality, and other endearing qualities, but is much more than an adorable octogenarian who will be turning 90 on April 20. He is the senior Associate Justice, which makes him responsible for assigning the writing of opinions when the Chief Justice (currently John G. Roberts, Jr.) is not in the majority. He has used this power to become a powerful coalition builder, leading the liberal charge against the conservatives on the Court.
The media, more than bored with the details of the health care imbroglio, is now feasting on the possibility that President Obama could have a second appointment to the Supreme Court within his first year of presidency.
The drama all began when it was discovered the Stevens only hired one clerk for this term, instead of his usual four. Not so fast, says Stevens in the New Yorker article. Apparently he only hired one clerk this year because three from last year agreed to work for him again if necessary- not such a terrible choice for them, clerking two years in a row. He is nothing less than active; playing singles tennis almost every morning, and comes from hearty stock- one of his older brothers practiced law until he was 91. There is a certain tradition on the Court of retiring under the same party that appointed you- one couldn’t fathom Justices Scalia or Thomas giving their seat to Obama. Notwithstanding the fact that Stevens was appointed by a Republican many doubted that he would give his seat to Bush II, given his evolution to the left. He isn’t interested in breaking any records, either- even though if he served another three years, he would be the longest serving Justice. According to his interview with Toobin, he will decide by the end of this month about when he will retire.
Now that health care has finally passed, Obama is in a better position to get the nominee that he wants on the Court. Hopefully, this nominee will be able to somewhat fill Steven’s shoes, and be a liberal coalition maker that will continue pushing back against the Conservatives. With the midterms approaching, though, it will be even more difficult to keep a nationally televised confirmation battle from becoming political- but hey, it’s Washington, right?

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