(Justice Stevens just published a new book — Five Chiefs: A Supreme Court Memoir (affiliate link) — to coincide with the start of the latest Term of SCOTUS, which got underway this week. Adam Liptak of the New York Times praises the memoir as “engaging and candid.”)
John Paul Stevens
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- California, John Edwards, John Paul Stevens, Libraries / Librarians, Morning Docket, New Jersey, Prisons
* Opponents of “three strikes” hope that the SCOTUS decision requiring California to reduce its prison population by 33,000 inmates will help them to repeal three strikes. Four balls, standing eight count, and wicked googly are among sports terms vying to take its place. [San Diego Union Tribune]
* A law firm librarian in New Jersey is suing her old firm and police for being falsely arrested and accused of pulling a fire alarm in the law firm’s building. This lawsuit is long overdue. Dewey even need to check out the complaint? Folio microfiche rare books. [New Jersey Law Journal]
* Utah became the first state to recognize gold as legal tender, momentarily sending the price per ounce skyrocketing to 5.7 wives. [International Business Times]
* Retired Justice John Paul Stevens, at 91, remains as spry as ever. At an age when most men are dribbling pudding onto their shirt, he is dribbling it onto his bow tie. [New York Times]
* “Again?! Egypt bizman busted at Pierre hotel.” [New York Post]
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It might interest you to know that if I were still an active justice, I would have joined [Justice Alito's] powerful dissent in the recent case holding that the intentional infliction of severe emotional harm is constitutionally protected speech. The case… involved a verbal assault on the private citizens attending the funeral of their son — a Marine corporal killed in Iraq. To borrow Sam’s phrase, the First Amendment does not transform solemn occasions like funerals into ‘free-fire zones.’
– Justice John Paul Stevens, in a recent speech to the Federal Bar Council in New York City, explaining how he would have voted with Justice Samuel Alito in Snyder v. Phelps (aka the Westboro Baptist Church case).
* The poster state for Planned Parenthood may be picking a fight with the Obama administration over funding Planned Parenthood. [Los Angeles Times]
* Yesterday, Justice John Paul Stevens delivered a speech on the need for legal representation of immigrants. Es muy importante. ¿Puedo ir al baño? Gracias. [New York Times]
* Justice Stevens also criticized a recent Supreme Court decision on prosecutorial misconduct in his speech. Said the current Court is one bowtie short of a… then he trailed off. But he’s pretty sure they got what he was saying. [WSJ Law Blog]
* “Wife of stoned QB passes on taking the stand.” [New York Post]
* The U.S. government has filed suit against Deutsche Bank, accusing them of fraud. Something something schaudenfraud. [Washington Post]
* Medical-pot dispensaries in Washington fear raids, crave Doritos. [Seattle Times]
Personally, I would like to see more Midwesterners or Westerners and not as many from the Ivy League schools. But that does not mean any one of them is not fully qualified. It’s a problem that there are only so many seats available….
That’s the question the Supreme Court answered in the negative today, in Graham v. Florida. The Court’s opinion was by Justice Kennedy, whose vote usually controls on Eighth Amendment issues, and it was joined by the four liberal justices.
The case generated oodles and oodles of pages and a welter of separate opinions. Thankfully, the AP has a fairly clear and concise summary:
The Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven’t killed anyone.
By a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release.
The court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide.
Florida: where it’s good to be an old person.
Interestingly enough, Chief Justice John Roberts — not known as a bleeding heart — agreed with the majority as to Terrance Graham specifically. Because he concurred in the judgment, the vote on the disposition of the case was actually 6-3.
The back-and-forth between the majority and the dissent gets quite heated at times. Justice Thomas wrote the main dissent, which Robert Barnes of the Washington Post described as “stinging.” But given the power that Justice Kennedy wields at One First Street, it’s generally unwise to attack him too harshly.
So the most snarky exchange did not involve Justice Kennedy, but took place between Justice Thomas and his soon-to-be-former colleague, Justice Stevens….
- Barack Obama, Diane Wood, Elena Kagan, Gender, John Paul Stevens, Merrick Garland, Politics, SCOTUS, SCOTUS Potential, Sidney Thomas, Supreme Court
Now that President Obama has interviewed the four finalists for the U.S. Supreme Court seat he has to fill — Judge Merrick Garland (D.C. Cir.), Solicitor General Elena Kagan, Judge Sidney Thomas (9th Cir.), and Judge Diane Wood (7th Cir) — the nominee could be announced any day now. Who will it be?
We realize that the betting men (and women) favor Solicitor General Elena Kagan. Kagan is also the pick of Tom Goldstein, the veteran Supreme Court litigator and founder of SCOTUSblog, who correctly forecast the nomination of Sonia Sotomayor (a nomination that the White House sought his counsel on).
But we’re going to go out on a limb and make a crazy prediction: President Obama is going to nominate Judge Diane Wood, of the Seventh Circuit, to the Supreme Court. He’ll announce the nomination on Monday, May 10 — the Monday after Mother’s Day. (That’s significant, for reasons we’ll get to later.)
Right out of the starting gate, immediately after Justice John Paul Stevens announced his retirement, Solicitor General Elena Kagan emerged as the frontrunner for his seat. And Kagan is still widely regarded as the leading candidate.
But, in the past week and a half or so, we’ve felt a slight, almost imperceptible shift in the wind, in favor of Judge Wood….
For Article III groupies, the InterContinental Hotel in Chicago was the place to be last night. The annual meeting of the Seventh Circuit Bar Association and Judicial Conference of the Seventh Circuit attracted a bevy of judicial superstars, who mixed and mingled at the conference’s grand banquet.
The most notable luminary was Justice John Paul Stevens, the Circuit Justice for the Seventh Circuit (and a former judge of the Seventh Circuit himself). The 90-year-old Justice Stevens, who is stepping down from the Supreme Court at the end of this Term, was joined at the dinner by several of his possible successors.
Justice Stevens actually had the job of introducing one of them, Solicitor General Elena Kagan, who delivered the keynote address. In the audience were several other short-listers, including Judges Diane Wood and Ann Claire Williams, of the Seventh Circuit, and Judge Ruben Castillo, of the Northern District of Illinois (Chicago).
So, what went down at the dinner?
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For weeks, the media laundry machine has been circulating news of Supreme Court Justice John Paul Stevens’s impending retirement. Now that the buzzer has gone off on that, it’s time to switch to the next cycle: speculation as to who President Barack Obama will nominate to replace him.
President Obama has been dragging his feet in his appointment of federal judges. We are relieved to hear that he is going to pick up the pace for announcing his Supreme Court pick. ABC News reports that the White House is prepared — thanks to Stevens’s public pondering — and that the announcement will come “within weeks.” Which isn’t really very helpful at all. Two weeks? Four weeks? Twelve weeks?
BLT reports on Obama’s speech from the Rose Garden today:
“While we cannot replace Justice Stevens’ experience or wisdom, I will seek someone in the coming weeks with similar qualities — an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law, and a keen understanding of how the law affects the daily lives of the American people,” Obama said. “It will also be someone who, like Justice Stevens, knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.”
Please make it fast, Obama. We’re ready to move on to the confirmation hearing cycle!
Let’s speculate until then, though…
He sent a letter to President Barack Obama this morning — available after the jump — consisting of a single sentence (Souter did it with two):
Having concluded that it would be in the best interests of the Court to have my successor appointed and confirmed well in advance of the commencement of the Court’s next Term, I shall retire from regular active service as an Associate Justice, under the provisions of 28 U.S.C. § 371(b), effective the next day after the Court rises for the summer recess this year.
This means Obama will have his second opportunity to make an addition to the Supreme Court. U.S. Solicitor General Elena Kagan is considered by many to be the frontrunner for the nomination.