Stevens to Retire

Get ready for Obama appointment, Round 2.

Supreme Court Justice Stevens announces he will retire in the summer.

Not sure how the timing will work on this, especially as Obama and the Democrats try to avoid being too contentious right before the November elections. That might play in our favor as far as getting a more moderate nominee. It will also be interesting to see if the GOP can or will delay the nominee as they have the 41 votes to filibuster.

The names being thrown around are the same ones being thrown around before; we’ll see where he goes with this pick. Time to start praying again.

39 Responses to Stevens to Retire

  • Donald R. McClarey says:

    Jerry Ford’s gift to liberal Democrats everywhere finally decides to call it quits during a Democrat administation, which shocks me as much the sky being blue and water being wet.

  • Paul Zummo says:

    I don’t foresee a filibuster. There are only 41 Republicans, and it will just take one R to break a filibuster, and in this case I highly doubt Snowe, or Collins, or even Brown would join in one.

    Anyway thus passes Gerald Ford’s great gift to the country.

  • I have to admit, going to 90 to make sure his replacement shares his views is pretty stout.

    I agree that the filibuster seems unlikely, but there is a chance and that might affect the choice of nominee.

  • Pinky says:

    Pray for what?

    I don’t say that to doubt the efficacy of prayer, or to discourage anyone from praying for the souls of the Supreme Court members. But the way this game is played, 100% of nominees from Democratic presidents are activist pro-choicers, and 50% of Republicans’ nominees are originalist pro-lifers.

    The only way loyal Catholics get someone palatable is if the paperwork gets mixed up in the mail, and Bishop Gomez gets on the Court and some liberal judge takes over the Diocese of LA.

  • Pinky:

    Well, one could always hope the Democrats make their first mistake.

    But if that’s not a hope, then I think we should pray that he picks someone more moderate on the issue rather than the absolute “abortion is a right and ought to be fully funded by the federal government” crowd. There are various shades of being pro-choice, and we can pray that we get a lighter shade than Stevens.

  • phosphorious says:

    I for one am going to start praying that Scalia does not fall over with a Heart attack

    Yeah. . . where will we find another judge as dependably pro-torture as he is!

  • Donald R. McClarey says:

    “Yeah. . . where will we find another judge as dependably pro-torture as he is!”

    Why the entire liberal wing of the court unless you do not consider partial birth abortion to be torture, in addition to infanticide.

    From the Ginsburg dissent in Carhart, the Supreme Court decision upholding a law against partial birth abortion joined in by Stevens, Souter and Breyer.

    “Today, the Court blurs that line, maintaining that “[t]he Act [legitimately] appl[ies] both previability and postviability because … a fetus is a living organism while within the womb, whether or not it is viable outside the womb.” Ante, at 17. Instead of drawing the line at viability, the Court refers to Congress’ purpose to differentiate “abortion and infanticide” based not on whether a fetus can survive outside the womb, but on where a fetus is anatomically located when a particular medical procedure is performed. See ante, at 28 (quoting Congressional Findings (14)(G), in notes following 18 U. S. C. §1531 (2000 ed., Supp. IV), p. 769).

    One wonders how long a line that saves no fetus from destruction will hold in face of the Court’s “moral concerns.” See supra, at 15; cf. ante, at16 (noting that “[i]n this litigation” the Attorney General “does not dispute that the Act would impose an undue burden if it covered standard D&E”). The Court’s hostility to the right Roe and Casey secured is not concealed. Throughout, the opinion refers to obstetrician-gynecologists and surgeons who perform abortions not by the titles of their medical specialties, but by the pejorative label “abortion doctor.” Ante, at 14, 24, 25, 31, 33. A fetus is described as an “unborn child,” and as a “baby,” ante, at 3, 8; second-trimester, previability abortions are referred to as “late-term,” ante, at 26; and the reasoned medical judgments of highly trained doctors are dismissed as “preferences”motivated by “mere convenience,” ante, at 3, 37. Instead of the heightened scrutiny we have previously applied, the Court determines that a “rational” ground is enough to uphold the Act, ante, at28, 37. And, most troubling, Casey’s principles, confirming the continuing vitality of “the essential holding of Roe,” are merely “assume[d]” for the moment, ante, at15, 31, rather than “retained” or “reaffirmed,” Casey, 505 U. S., at 846″

    http://www.law.cornell.edu/supct/html/05-380.ZD.html

    Scalia’s dissent in the earlier Carhart decision which overturned a law banning partial birth abortion:

    “I am optimistic enough to believe that, one day, Stenberg v. Carhart will be assigned its rightful place in the history of this Court’s jurisprudence beside Korematsu and Dred Scott. The method of killing a human child–one cannot even accurately say an entirely unborn human child–proscribed by this statute is so horrible that the most clinical description of it evokes a shudder of revulsion. And the Court must know (as most state legislatures banning this procedure have concluded) that demanding a “health exception”–which requires the abortionist to assure himself that, in his expert medical judgment, this method is, in the case at hand, marginally safer than others (how can one prove the contrary beyond a reasonable doubt?)–is to give live-birth abortion free rein. The notion that the Constitution of the United States, designed, among other things, “to establish Justice, insure domestic Tranquility, . . . and secure the Blessings of Liberty to ourselves and our Posterity,” prohibits the States from simply banning this visibly brutal means of eliminating our half-born posterity is quite simply absurd.

    Even so, I had not intended to write separately here until the focus of the other separate writings (including the one I have joined) gave me cause to fear that this case might be taken to stand for an error different from the one that it actually exemplifies. Because of the Court’s practice of publishing dissents in the order of the seniority of their authors, this writing will appear in the reports before those others, but the reader will not comprehend what follows unless he reads them first.

    * * *

    The two lengthy dissents in this case have, appropriately enough, set out to establish that today’s result does not follow from this Court’s most recent pronouncement on the matter of abortion, Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992). It would be unfortunate, however, if those who disagree with the result were induced to regard it as merely a regrettable misapplication of Casey. It is not that, but is Casey’s logical and entirely predictable consequence. To be sure, the Court’s construction of this statute so as to make it include procedures other than live-birth abortion involves not only a disregard of fair meaning, but an abandonment of the principle that even ambiguous statutes should be interpreted in such fashion as to render them valid rather than void. Casey does not permit that jurisprudential novelty–which must be chalked up to the Court’s inclination to bend the rules when any effort to limit abortion, or even to speak in opposition to abortion, is at issue. It is of a piece, in other words, with Hill v. Colorado, ante, p. ___, also decided today.

    But the Court gives a second and independent reason for invalidating this humane (not to say anti-barbarian) law: That it fails to allow an exception for the situation in which the abortionist believes that this live-birth method of destroying the child might be safer for the woman. (As pointed out by Justice Thomas, and elaborated upon by Justice Kennedy, there is no good reason to believe this is ever the case, but–who knows?–it sometime might be.)

    I have joined Justice Thomas’s dissent because I agree that today’s decision is an “unprecedented expansio[n]” of our prior cases, post, at 35, “is not mandated” by Casey’s “undue burden” test, post, at 33, and can even be called (though this pushes me to the limit of my belief) “obviously irreconcilable with Casey’s explication of what its undue-burden standard requires,” post, at 4. But I never put much stock in Casey’s explication of the inexplicable. In the last analysis, my judgment that Casey does not support today’s tragic result can be traced to the fact that what I consider to be an “undue burden” is different from what the majority considers to be an “undue burden”–a conclusion that can not be demonstrated true or false by factual inquiry or legal reasoning. It is a value judgment, dependent upon how much one respects (or believes society ought to respect) the life of a partially delivered fetus, and how much one respects (or believes society ought to respect) the freedom of the woman who gave it life to kill it. Evidently, the five Justices in today’s majority value the former less, or the latter more, (or both), than the four of us in dissent. Case closed. There is no cause for anyone who believes in Casey to feel betrayed by this outcome. It has been arrived at by precisely the process Casey promised–a democratic vote by nine lawyers, not on the question whether the text of the Constitution has anything to say about this subject (it obviously does not); nor even on the question (also appropriate for lawyers) whether the legal traditions of the American people would have sustained such a limitation upon abortion (they obviously would); but upon the pure policy question whether this limitation upon abortion is “undue”–i.e., goes too far.

    In my dissent in Casey, I wrote that the “undue burden” test made law by the joint opinion created a standard that was “as doubtful in application as it is unprincipled in origin,” Casey, 505 U.S., at 985; “hopelessly unworkable in practice,” id., at 986; “ultimately standardless,” id., at 987. Today’s decision is the proof. As long as we are debating this issue of necessity for a health-of-the-mother exception on the basis of Casey, it is really quite impossible for us dissenters to contend that the majority is wrong on the law–any more than it could be said that one is wrong in law to support or oppose the death penalty, or to support or oppose mandatory minimum sentences. The most that we can honestly say is that we disagree with the majority on their policy-judgment-couched-as-law. And those who believe that a 5-to-4 vote on a policy matter by unelected lawyers should not overcome the judgment of 30 state legislatures have a problem, not with the application of Casey, but with its existence. Casey must be overruled.

    While I am in an I-told-you-so mood, I must recall my bemusement, in Casey, at the joint opinion’s expressed belief that Roe v. Wade had “call[ed] the contending sides of a national controversy to end their national division by accepting a common mandate rooted in the Constitution,” Casey, 505 U.S., at 867, and that the decision in Casey would ratify that happy truce. It seemed to me, quite to the contrary, that “Roe fanned into life an issue that has inflamed our national politics in general, and has obscured with its smoke the selection of Justices to this Court in particular, ever since”; and that, “by keeping us in the abortion-umpiring business, it is the perpetuation of that disruption, rather than of any Pax Roeana, that the Court’s new majority decrees.” Id., at 995—996. Today’s decision, that the Constitution of the United States prevents the prohibition of a horrible mode of abortion, will be greeted by a firestorm of criticism–as well it should. I cannot understand why those who acknowledge that, in the opening words of Justice O’Connor’s concurrence, “[t]he issue of abortion is one of the most contentious and controversial in contemporary American society,” ante, at 1, persist in the belief that this Court, armed with neither constitutional text nor accepted tradition, can resolve that contention and controversy rather than be consumed by it. If only for the sake of its own preservation, the Court should return this matter to the people–where the Constitution, by its silence on the subject, left it–and let them decide, State by State, whether this practice should be allowed. Casey must be overruled.”

    http://www.law.cornell.edu/supct/html/99-830.ZD1.html

  • phosphorious says:

    Why the entire liberal wing of the court unless you do not consider partial birth abortion to be torture, in addition to infanticide.

    Wel then, I am confused. . . after all, since torture isn’t wrong, then how can partial birth abortion be. . .

    Unless. . .

    Of course! It makes sense now: abortion means no children. No children means no children’s testicles. And if there are no children’s testicles to crush. . . the terrorists win!

    Ex Conservatatione Quod Libet

  • Donald R. McClarey says:

    I am sure phosphorious that you will be able to cite a text where Scalia ever indicated that he was in favor of someone’s testicles being crushed. On the other hand I have just provided you with chapter and verse where the liberal wing of the court views as a constitutional right the ability of an abortionist to stick scissors into the base of an unborn infant’s skull. However, I suppose in your view that since it is abortion it cannot be torture. Res Ipsa Loquitur

  • phosphorious says:

    Bush’s legal advisors has defended Bush’s right (I don’t know if a “lib” president is invested with a similar “right”) to crush a child’s testicles to extract information from his parent. Scalia is known to have defended Bush’s torture policies in toto.

    Bush ordered torture to be performed. Did Obama ever order an abortion to be performed, partial-birth or otherwise? A distinction a “conservative” should take seriously.

  • phosphorious says:

    phosphorius is right. Obama prefers murder to torture.

    Whereas I can’t think of anything that conservatives prefer to torture. they defend it every chance they get.

  • Phillip says:

    Actually many conservatives oppose torture. Many liberals (such as Pelosi)supported the CIA interrogation techniques (though she lies about it.) Obama, given his penchant for murder would likely not oppose past interrogation techniques if the right situation arose. Did he order any murders? See discussion on assasinations below.

  • Paul Zummo says:

    Phosphorious raises some very good points, and I would like to follow up with a post of my own. I would just ask phosporious if he could kindly supply some of the links or other supporting literature that shows that Bush’s legal advisors defended his right to crush a child’s testicles, where Bush so ordered such an action to be taken, and the opinions offered by Scalia demonstrating his approval of such. I look forward with great anticipation the roundup of this information.

  • phosphorious says:

    Google “Yoo testicles” and you will see the defense. As for proof that Bush actually ordered the crushing of testicles, child’s or not, I assume that’s a matter of State security that only a traitor would pry too closely in. If the terrorists knew about it, they would train their children to withstand testicle crushing, after all.

    But Bush did order the torture of prisoners. And Scalia supports it. . . citing I believe “24″ as proof that law enforcement needs “lattitude” in the fighting of terrorism.

    But gentlemen, we digress. The point is that abortion is the litmus test, and nothing else.

    On that, conservatives can agree, no?

  • Donald R. McClarey says:

    “Did Obama ever order an abortion to be performed, partial-birth or otherwise? A distinction a “conservative” should take seriously.”

    Nah, he merely defends it as a constitutional right and raises campaign funds trumpeting his opposition to laws banning partial birth abortion, what the late pro-abort Senator from New York Daniel Patrick Moynihan referred to as “barely disguised infanticide”.

    http://www.jillstanek.com/partial-birth-abortion/michelle-obamas.html

  • Donald R. McClarey says:

    I assume that this interview on 60 minutes is what elicts phosphorious’ attempts to defend Obama on abortion by attacking Scalia on torture:

    Viewing Leslie Stahl attempting to question Scalia is rather like watching Bill Clinton attempting to teach a course on legal ethics. She didn’t have even the foggiest notion of what he was talking about.

  • Donald R. McClarey says:

    “The point is that abortion is the litmus test, and nothing else.”

    The point is phosphorious almost a million dead unborn children a year and your desperate attempts on a Catholic blog to supply political cover to a President who is dedicated to this continuing forever.

  • Nathan Zimmermann says:

    Stevens’ retirement troubles me because, every time a justice retires many people speak in terms of litmus tests related to societal issues such as abortion and freedom religion. In discussing such tests for prospective nominees most individuals focus solely on the subject of abortion.

    The use of abortion as the sole litmus test that nominees must be subjected to is akin to tunnel vision because, most social conservatives fail to realize that the adoption of such a position is tantamount to heresy in many circles and no politician would risk their careers by taking such a position openly and publicly because, it would alienate an extremely large bloc of voters who see overturning Roe v Wade and it descendants as potentially causing even more harm than good because, attempting in their eyes restoring the status quo as it existed before 1973 could engender the return and resurgence of backroom abortionists who are not medically trained.

    I would advocate the development of additional tests. For example, how would the nominee defend the rights of the disabled, minorities and women?

  • Donald R. McClarey says:

    “I would advocate the development of additional tests. For example, how would the nominee defend the rights of the disabled, minorities and women?”

    In other words, shut up about the right to life of the unborn. Additionally, what attempts are there on the scale of abortion in reference to unborn children to deny rights to minorities or women? Unborn disabled children are of course often targeted for abortion because of their disability.

  • phosphorious says:

    I assume that this interview on 60 minutes is what elicts phosphorious’ attempts to defend Obama on abortion by attacking Scalia on torture

    I am attacking the smug, self-righteous Catholics who only object to the sins that political liberals commit.

    Which is every poster here, far as I can tell.

  • phosphorious says:

    In other words, shut up about the right to life of the unborn.

    Because, of course, if abortion is not the only issue, then it is no issue at all.

    Heresy is not necessarily the abandoning of Church doctrine. Focusing on one bit of doctrine to the exclusion of all else will do quite nicely.

  • phosphorious says:

    The point is phosphorious almost a million dead unborn children a year and your desperate attempts on a Catholic blog to supply political cover to a President who is dedicated to this continuing forever.

    Obama has dedicated his life. . . and beyond. . . the making sure that mothers kill their children?

    Wow. . . I had no idea. . .

  • Donald R. McClarey says:

    Phosphorious it would be much more concise if you simply said: “I’m a liberal and I don’t give a damn about abortion. Go Obama!” That is, after all, what your position boils down to.

  • Tito Edwards says:

    The Cajun is right, how much damage does President Obama want to incur in order to nominate another pro-abortion advocate.

    I think he will, he seems to believe he is invincible and 2012 is far away enough to recuperate lost prestige.

    He apparently doesn’t really care about the Dems this election cycle, so why not write this election off. Besides, what’s the worse that can happen? The Democrats will have a small majority in the House and in the Senate he’ll have veto powers that can’t be overcome.

  • Nathan Zimmermann says:

    At no time did I argue that anyone needed to be silent about the rights or lack thereof accorded to the unborn. I merely assert that a multitude of sociopolitical issues must be considered in addition to when nominating a successor to Justice Stevens.

    As for my assertions regarding the nature of politicians and their desire to maintain their positions at the expense of their morals, such a school of thought has existed in some form or other since, the foundation of the Roman Empire. Indeed both Machiavelli and Gracian discussed this tendency at length.

  • Nathan Zimmermann says:

    Mr. McClarey, I know very well how many fetuses are subjected to abortion because of their disabilities. I myself am possessed of cerebral palsy characterized by ataxic presentation.

    I merely sought to point out that in my opinion if an individual chooses to focus on the issue of abortion alone, while failing to review the positions taken by a prospective nominee on other sociopolitical issues is possessed of a focus so narrow that it fails to meet the standard set by Saint Basil Saint Thomas Aquinas and Saint Bonaventure, and Saint Aloysius Gonzaga

  • Donald R. McClarey says:

    Nathan, I rather think all of the Saints you name would be protesting outside of abortion clinics constantly if they were alive today. Abortion is the human rights issue of our day, and to sit on our hands because of opposition from pro-aborts is not an option.

    I think Cardinal Ratzinger put it well in a letter:

    “2. The Church teaches that abortion or euthanasia is a grave sin. The Encyclical Letter Evangelium vitae, with reference to judicial decisions or civil laws that authorize or promote abortion or euthanasia, states that there is a “grave and clear obligation to oppose them by conscientious objection. [...] In the case of an intrinsically unjust law, such as a law permitting abortion or euthanasia, it is therefore never licit to obey it, or to ‘take part in a propaganda campaign in favour of such a law or vote for it’” (no. 73). Christians have a “grave obligation of conscience not to cooperate formally in practices which, even if permitted by civil legislation, are contrary to God’s law. Indeed, from the moral standpoint, it is never licit to cooperate formally in evil. [...] This cooperation can never be justified either by invoking respect for the freedom of others or by appealing to the fact that civil law permits it or requires it” (no. 74).

    3. Not all moral issues have the same moral weight as abortion and euthanasia. For example, if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on the decision to wage war, he would not for that reason be considered unworthy to present himself to receive Holy Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms to repel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia.”

    http://www.priestsforlife.org/magisterium/bishops/04-07ratzingerommunion.htm

    Catholics and all who cherish innocent human life must be untiring in their battle against the crime of abortion.

    In regard to your disability, my prayers. One of my sons is autistic. I have no doubt that if there were a test to determine autism in utero, many of his autistic peers would not be alive today, just as has occurred with 90% of Down Syndrome children where such a test does exist. This slaughter of the innocents must stop and I will never cease working against abortion until I take my final breath.

  • phosphorious says:

    Phosphorious it would be much more concise if you simply said: “I’m a liberal and I don’t give a damn about abortion. Go Obama!” That is, after all, what your position boils down to.

    As opposed to saying that the mere mention of torture distracts from abortion, which is the only sin.

  • Nathan Zimmermann says:

    I agree they would be protesting, and they would be examining the positions held by candidates in regards to other issues as well so that could more fully ascertain the candidates in order to have a fuller understanding of their character, so that they could more effectively battle them.

  • Donald R. McClarey says:

    Phosphorious your laborious dragging of red herrings through this thread merely demonstrates that my concise version of your position is totally accurate. Such tactics may work at Vox Nova, they are absolutely of no use on this blog.

  • Art Deco says:

    I merely sought to point out that in my opinion if an individual chooses to focus on the issue of abortion alone, while failing to review the positions taken by a prospective nominee on other sociopolitical issues is possessed of a focus so narrow that it fails to meet the standard set by Saint Basil Saint Thomas Aquinas and Saint Bonaventure, and Saint Aloysius Gonzaga

    An aspirant for a seat on an appellate court of last resort who proposes to uphold Roe v. Wade and Doe v. Bolton is in doing so subscribing to a particular conception of judicial review favored by Laurence Tribe. A judge engaging in authentic judicial review declines to apply administrative rules which conflict with statutes and statutes which conflict with constitutions. A judge engaging in Tribean judicial review assumes plenary authority to annul any statute or administrative rule incongruent with the policy preferences of law professors, so long as his shallow and smart-assed clerks can gin up a salable excuse. An adherent to Tribean judicial review is unfit for any office or public trust, period.

    Judge Stevens was one of four members of the federal Supreme Court who contended (in a dissenting opinion issued in 1977) that the federal and state governments were required by constitutional provisions to appropriate public funds to provide abortions on demand. Congress should have stuck a fork in this bastard a long long time ago.

  • Jay Anderson says:

    The reason it appears that Roe v. Wade is all that matters is because, in addition to being about the civil rights issue of our time, it also has become a proxy for two opposing views of constitutional jurisprudence. How a judge is likely to vote on Roe tells me almost all I need to know about that judge.

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