Justice Stevens' Hiring Prompts Speculation Of Retirement

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Article Date: 09 Sep 2009 - 3:00 PDT

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Supreme Court Justice John Paul Stevens -- a leading liberal voice on the court for more than three decades -- has hired fewer law clerks than usual, prompting speculation that he might retire next year, the New York Times reports.

Stevens, 89, has hired just one clerk -- instead of the usual four -- for the court term beginning in October 2010 (Liptak, New York Times, 9/3). Like most justices, Stevens typically hires all his clerks one year in advance. Retired justices are permitted to have one clerk (Savage, Los Angeles Times, 9/3).

Stevens has not said whether he plans to step down or if he will hire more clerks later. Former Justice David Souter's failure to hire four clerks turned out to be an accurate signal of his retirement earlier this year, the AP/Atlanta Journal-Constitution reports (Sherman, AP/Atlanta Journal-Constitution, 9/3). The New York Times reports that Stevens' hiring lag "could merely mean that he is keeping his options open" (New York Times, 9/3). If Stevens retires, it would give President Obama his second Supreme Court nomination. Obama this spring nominated Justice Sonia Sotomayor, who will replace Souter.

University of Oklahoma law professor Joseph Thai, a former Stevens clerk, said the slow hiring "seems to indicate that he probably won't go beyond the current term." He added that Stevens' legacy is secure and that he has little to gain by staying on the conservative-leaning court. However, Artemus Ward, co-author of a book about law clerks tilted "Sorcerers' Apprentices," said that Stevens might choose to stay on if the health of Justice Ruth Bader Ginsburg, who has pancreatic cancer, deteriorates. Ward said that justices usually feel that "protecting the institution [of the court] takes precedence over personal retirement decisions" (AP/Atlanta Journal-Constitution, 9/3).

Stevens was a Chicago lawyer when President Richard Nixon appointed him to be a federal appeals court judge in 1970. Five years later, President Gerald Ford nominated Stevens to the Supreme Court. Though Stevens was appointed by Republicans, he came to lead the liberal wing of the court. Stevens is the second-oldest justice in court history, but "there is no outward sign that Stevens has slowed or can no longer keep up with the work," the Los Angeles Times reports (Los Angeles Times, 9/3).

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