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Supreme Court justice to retire, Obama gets new pick
AFP - Saturday, April 10
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US Supreme Court Justice John-Paul Stevens, seen here in 2009, will retire this summer, giving President Barack Obama a chance to make his second pick to the nine-member bench, officials said Friday.
WASHINGTON (AFP) - – US Supreme Court Justice John Paul Stevens said Friday he will retire in June, giving President Barack Obama a chance to make his second pick in two years to the key nine-member bench.
A leader of the court's liberal wing, Stevens, who celebrates his 90th birthday this month, is one of the longest serving justices ever, having been a member of the top court for 34 years.
His retirement is likely to set up a tough nominating battle in the Senate, where Democrat Obama's allies have a 59-seat majority but could face moves to hold up the appointment.
"I shall retire from regular active service as an associate justice... effective the next day after the court rises for the summer recess this year," Stevens wrote in a letter to Obama.
He said he had made the decision in order for his successor to be appointed before the court's next term starts in early October.
The Supreme Court weighs the thorniest moral and political dilemmas facing the nation. The nine justices are nominated by the president and face a Senate confirmation before taking up their post for life or until they choose to step down.
John Paul Stevens: progressive pillar of US Supreme Court
A Supreme Court representative delivered Stevens's letter to the White House early Friday, and White House counsel Bob Bauer spoke with Obama returning from a trip to Prague aboard Air Force One.
The White House appears to have been quietly planning for a Supreme Court nomination battle for months, as speculation mounted that either Stevens, or one of the other justices, would retire.
Obama will be making his second pick to the top court after naming Sonia Sotomayor as the first Hispanic Supreme Court justice to the bench last year to replace David Souter.
Stevens was nominated by former president Gerald Ford and has sat on the bench since 1975, becoming over the years a progressive pillar of the court.
Although he was nominated by a Republican, Stevens gained a reputation as a key member of the Supreme Court's liberal bloc on issues such as the death penalty and affirmative action.
More recently, he was wrote the opinion in 2006 that struck down the George W. Bush administration's military commission system for trying suspected terrorists.
There is a current delicate balance on the court of four conservatives, four liberals and Justice Anthony Kennedy who tends to vote either way.
But Stevens's named successor is likely to face a tough confirmation battle in the Senate, amid an acrimonious political atmosphere between Democrats and their Republican opponents.
"Anything that the president proposes will be fought bitterly, that has been the nature of it. There is no way that he is going to find somebody who is agreeable to the Republicans in the Senate," said analyst Stephen Hess, from the Brookings Institution.
Those who may be next US Supreme Court judge
Among those mentioned as a possible successor is US Solicitor General Elena Kagan, who represents the US government before the Supreme Court, but has never been a judge.
She previously taught at Harvard University Law School, where both Obama and First Lady Michelle Obama studied.
Republican Senate minority leader Mitch McConnell said that "Americans can expect Senate Republicans to make a sustained and vigorous case for judicial restraint and the fundamental importance of an even-handed reading of the law."
Senate Judiciary committee chairman Pat Leahy, a Democrat, said after the news, "I hope that senators on both sides of the aisle will make this process a thoughtful and civil discourse."
Some Republicans urged the president to avoid a contentious nomination, evoking a bitter debate over Sotomayor.
"We know from the nomination of Justice Sotomayor last spring that the public is rightly concerned about the future of our judiciary," said Senator Jeff Sessions the ranking Republican on the Judiciary committee.
The Nine US Supreme Court Justices
"The product of her confirmation hearing was a near-universal rejection of President Obama's empathy standard, the flawed notion that judges should allow personal feelings, political opinions, and social views to guide judicial decision-making."
Obama may get yet another chance to influence the powerful court as another long serving liberal justice, Ruth Bader Ginsburg, is battling cancer.
Only one of two women on the bench, Ginsburg, 77, has repeatedly said she plans to carry on working. There have only ever been three women Supreme Court justices.
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