Does Justice Stevens retire now?

[Ninja Jordan]

Does the 89 year old Justice John Paul Stevens finally get a reasonable chance at retiring, knowing if his replacement candidate is too right wing, he'll fail to make it out of committee?

[lapfog_1]

1. If he can hang on till 2009

Then I think he should.

We need reliable checks and balances on the SCOTUS. A middle of the roader might vote our way, or might not.

[Ninja Jordan]

2. I doubt he wants to die on the bench.

Who knows. He may feel this is his only chance at retirement.

[lapfog_1]

3. Well, what I meant was if he felt healthy enough...

and wants to be on the bench, then it would be best for him to stay.

I think Sandra is regretting her decision to leave, just a little bit.

[MADem]

8. I think he LOVES his job. He's been there since Gerald FORD. NT

[tritsofme]

4. SCOTUS nominees go to the full Senate even if they fail in committee

Clarence Thomas got a negative recommendation from the Judiciary Committee and won confirmation in the full Senate.

If Stevens can hang on, he should.

[Ninja Jordan]

7. Seems like I remember the GOP constantly killing Clinton federal judge appointments

maybe it was just the circuit courts....

[tritsofme]

9. The GOP wouldn't even give Clinton judges hearings in the Judiciary

but this is about Supreme Court justices.

[Hippo_Tron]

10. You'd need a discharge petition for that, don't you?

Or is that only in the House?

[tritsofme]

12. I'm not entirely sure

But I have been under the impression that a SCOTUS nominee is guaranteed to go before the full Senate.

[Ninja Jordan]

13. You're probably right.

It makes no sense why Thomas would EVER have reached a floor vote in a Democratic-controlled Senate. It has to be a Consitutional mandatory thing.

[tritsofme]

14. It wouldn't be a constitutional thing

More of a Senate rules type thing.

It also seems more urgent to fill a vacant SCOTUS seat than a regular federal judge.

However the GOP did stall Abe Fortas' nomination in 1968 on the hope that Nixon would become president.

[thatsrightimirish]

5. I hope not

if he could hang on until 2009 he should risk it. BUsh can not have another appointment even with a Democratic senate.

[MADem]

6. Hey, he's ONLY 86--he was born in 1920. NT

[Hippo_Tron]

11. He should wait until 2009 if possible, although dem senate is better than nothing

Nobody like Alito would make it through a Dem Senate and while Roberts might've passed as a replacement for conservative Rhenquist, he won't pass for someone like Stevens. That being said, if we get a Democratic President we could replace Stevens with a real liberal like Earl Warren or Thurgood Marshall instead of a compromise nominee.