On Friday, Justice John Paul Stevens announced that he was retiring from the US Supreme Court after 34 years of service on the Court. His retirement is effective one day after the Court rises for this summer’s recess. When he leaves the Court this summer, Justice Stevens, who will then be 90, will have been one of the oldest and longest serving Supreme Court justices in US history.
This weekend’s announcement while not unexpected – indeed Justice Stevens had hinted at it for some time – it’s timing was a surprise to many. But in light of Justice Stevens’ letter announcing his retirement, which indicated that he was doing so ”well in advance of the commencement of the Court’s next term”, it is not surprising after all. He is giving President Obama and the Senate more than 5 months to complete the judicial nomination process and find and confirm a replacement.
The President now gets to nominate a person for the position and that person, the nominee, must then be confirmed by the Senate. This process is called “confirmation”. Specifically, confirmation refers to the Senate’s constitutional duty to approve or reject presidential nominations of all types from judges to Cabinet Secretaries, like the Secretary of State.
Many expect the confirmation of Justice Stevens’ replacement to be contentious, as indeed Supreme Court nominations processes have often been so in the past. But that may prove wrong.
There is already speculation that the White House is broadening the scope of the so-called “short list” of potential nominees. And the President’s advisors will likely search for a nominee with unimpeachable credentials, a compelling life story, demographic appeal, and the ability to present themselves well when testifying before the Senate, and in courtesy meetings with individual senators.
Additionally, Democrats still have a 59 seat majority in the Senate, and many Republican senators are on the record opposing filibusters of judicial nominees. What is more, Republicans are growing sensitive to the label: “party of no”, a label they have arguably earned by opposing most of President Obama’s initiatives. As such they may be reluctant to automatically oppose any eventual nominee. Naturally, some candidates for office, particularly Senate candidates, interest groups, pundits and talking heads on conservative TV and radio will likely oppose any nominee.
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