A few weeks ago, we were emailing with one of our sources about an interesting fact we noticed, based on Above the Law’s real-time coverage of Supreme Court clerk hiring. The fact: thus far, Justice John Paul Stevens has hired just one law clerk for October Term 2010 (Sam Erman (Michigan 2007 / Garland)).
We didn’t write about it at the time, because OT 2010 is still a year away, and it seemed a bit speculative to make much of it so far in advance. But others noticed this fact too — and were faster on the trigger about it. Like the AP:
Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court’s liberals will retire next year.
If Stevens does step down, he would give President Barack Obama his second high court opening in two years. Obama chose Justice Sonia Sotomayor for the court when Justice David Souter announced his retirement in May.
Souter’s failure to hire clerks was the first signal that he was contemplating leaving the court….
Indeed. We started the speculation about Justice Souter’s retirement back in April 2009, over at Underneath Their Robes, based in part on his lack of law clerk hiring (and based in part on a sighting of him with Senator Pat Leahy).
But back to Justice Stevens:
In response to a question from The Associated Press, Stevens confirmed through a court spokeswoman Tuesday that he has hired only one clerk for the term that begins in October 2010. He is among several justices who typically have hired all four clerks for the following year by now. Information about this advance hiring is not released by the court but is regularly published by some legal blogs.
Cough cough — like Above the Law?
Commentary from expert observers, plus a reader poll, after the jump.