SMRs and AMRs

Sunday, February 01, 2009

To Nudge, Shift or Shove the Supreme Court Left

By ADAM LIPTAK
NYT Week in Review

WASHINGTON — Justice John Paul Stevens, the leader of the Supreme Court’s liberal wing, likes to say that he has not moved to the left since he was appointed to the court by President Gerald R. Ford in 1975. It is the court, Justice Stevens says, that has moved to the right.

“Every judge who’s been appointed to the court since Lewis Powell” in 1971 “has been more conservative than his or her predecessor,” Justice Stevens said in a 2007 interview. He added that Justice Ruth Bader Ginsburg might have been the sole exception but included himself as one of those 11 ratchets to the right.

Justice Stevens, who continues to be a keen and lively participant in oral arguments at the court, will turn 89 in April. Actuarial statistics alone suggest that President Obama may end up naming his replacement.

And that will present the new president with a question. Should he appoint someone who by historical standards is a full-throated liberal, a lion like Justice William J. Brennan Jr. or Justice Thurgood Marshall? Or should he follow the lead of President Bill Clinton, whose two appointees, Justice Ginsburg and Justice Stephen G. Breyer, are by those standards relative moderates?

(More here.)

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