Judicial Reveiw Blog Posting One

Justice John Paul Stevens announced on April 9 that he will retire after 35 years serving on the Supreme Court. There is talk that his retirement will “[set] the stage for what is likely to be a contentious nomination battle for his successor in the U.S. Senate” according to Jason M. Breslow from the Rundown. Breslow reported that Stevens wrote this letter to the president to announce his upcoming retirement.
My dear Mr. President: Having concluded that it would be in the best interests of the Court to have my successor appointed and confirmed well in advance of the commencement of the Court's next term, I shall retire from regular active service as an Associate Justice, under the provisions of 28 U.S.C. 371 (b), effective the next day after the Court rises for the summer recess this year. Most respectfully yours, John Paul Stevens
Robert Barnes, a staff writer for the Washington Post reported on April 10, “[John Paul Stevens] a Republican named to the court in 1975 by President Gerald R. Ford… leaves a legacy of defending abortion rights, expanding protection for gays, restricting the availability of the death penalty and ensuring a robust role for judges in interpreting the nation's laws and curbing executive power.”
With his retirement, Justice Stevens sets into motion the process of electing his replacement. The constitution lays out the basic nature of going about this process. This process, according to “answers.com” is quite simple and is as follows:

“[The President] shall have Power, by and with the Advice and Consent of the Senate, to…. [nominate] Judges of the Supreme Court and all other Officers of the United States…

US Supreme Court Justices are nominated by the current President, presented to the Senate Judiciary Committee for investigation, then accepted or rejected by the US Senate.

If a nominee receives a simple majority (51) of the votes, then he or she is commissioned as a Supreme Court Justice. This is a lifetime appointment, and is served until such time as the Justice retires, resigns, dies or is impeached by the House of Representative and tried by the Senate.”

The constitutional method for electing a new Justice is, in theory, a straightforward process. However, in practice, it is not quite so cut and dried. There are many nuances in electing a justice; issues of the times and political leanings play a large role in the confirmation of a new Justice.
Now President Obama has yet another landmark decision to make in his presidency, and like all decisions in politics, it will not be an easy one for him to make. In a bipartisan meeting President Obama spoke about the retirement of Justice Stevens, noting that “those are going to be some tough shoes to fill.” He also went on to say that he has hopes that this coming nomination will be as smooth as that of Justice Sonya Sotomayor. There are several key issues that will play critical roles in President Obama’s selection of potential candidates, though he states that he will not use a litmus test. Some of the key issues and nine possible nominees are as follows:
Issues:
1) The political leanings of potential candidates
2) The Non-judge or “judicial monastery” issue
3) The religion, race, or gender of potential candidates.

Nine potential nominees:

1) Solicitor General Elena Kagan

2) Judge Merrick Garland

3) Judge Diane Wood

4) Gov. Jennifer Granholm

5) Leah Ward Sears

6) Janet Napolitano

7) Martha Minow

8) Judge Sidney Thomas

9) Cass Sunstein



In the next postings we will explain, and more than likely add to this list as we scrutinize potential candidates for the nomination.

Sources Referenced

http://online.wsj.com/article/SB10001424052702304222504575173803522442196.html

http://www.scotusblog.com/2010/04/the-retirement-of-justice-stevens-in-plain-english/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+scotusblog%2FpFXs+%28SCOTUSblog%29

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202451310382&Pushing_for_a_nonjudge_on_the_high_court&hbxlogin=1

http://wiki.answers.com/Q/Are_US_Supreme_Court_Justices_elected_by_the_voters&alreadyAsked=1&rtitle=Why_do_you_elect_districtcounty_judges_but_not_supreme_court_judges

http://www.youtube.com/watch?v=qXM0TnlLpk8

http://www.nydailynews.com/news/politics/toplists/who_will_obama_pick_to_replace_justice_stephens_on_the_supreme_court/who_will_obama_pick_to_replace_justice_stephens_on_the_supreme_court.html

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