A Hint on Justice Stevens’ Retirement

WASHINGTON -- Justice John Paul Stevens has so far hired just one law clerk for the Supreme Court term starting in October 2010, a court spokeswoman confirmed on Wednesday. That may be an indication that Justice Stevens, 89, is considering retiring next year.

Supreme Court justices generally have four law clerks, while retired justices have one.

There is, of course, nothing to prevent Justice Stevens from hiring additional clerks later on. The newest member of the court, Justice Sonia Sotomayor, hired four clerks in short order after her confirmation last month.

Should Justice Stevens retire, President Obama would have the opportunity to nominate a second justice to the court, matching the number of openings the last two Democratic presidents, Bill Clinton and Jimmy Carter, were able to fill over a combined three terms in office.

http://www.nytimes.com/2009/09/03/us/03stevens.html?_r=1

Who knows what things will look like after mid-terms.

They can return to service if need be. But in reality it's just a perk of being a Supreme Court Justice that you still get a law clerk and an office in the building once you've retired. Of course a lot of them seem to be serving until death or very old age at this point so it's not like they are going to run out of space.

sitting after their retirement (called "senior status" in the lower courts).

And retired judges still hear cases sometimes, and act as private arbitrators/mediators at other times.

replacing a retiring conservative justice. Of course making sure Stevens seat stays out of the right wing bloc is important, it just doesn't change anything.

I would hate to see the court move to the right any more than it already is by replacing a liberal with a moderate.

I'm sure he/she won't be a Catholic. Stevens is one of only 2 members who aren't Catholic.

:kick:& R

"'His pattern is fairly consistent to hire a whole slew of clerks by the end of the term,' said former Stevens clerk Joseph Thai, a law professor at the University of Oklahoma"

http://legaltimes.typepad.com/blt/2009/09/justice-stevens-exiting-next-year.html

If he goes, he should absolutely be replaced with a true liberal.