Justice Stevens is Stepping Down

Justice Stevens, turning 90, has decided to step down. Democrats and Republicans alike are worried about who will replace him. Although Justice Stevens has been serving on the court since 1975, the average tenure of a Supreme Court Judge is 15 years. Under any circumstances the effects of President Obama’s choice will, in all likelihood,  last well beyond his presidency and will be part of his legacy.
 
The Supreme Court was created in 1789 by Article III of the United States Constitution which stipulates that the "judicial Power of the United States, shall be vested in one supreme Court." Congress organized the Court that year with the passage of the Judiciary Act of 1789. The Supreme Court weighs the moral and political dilemmas that face our nation. Supreme Court Justices are nominated by the President and confirmed by the Senate. They are appointed for life, unless they, like Justice Stevens, voluntarily choose to retire.
 
Within our lifetime there have been important Supreme Court decisions that have drastically changed the course of America. The following are, I believe, among the most significant decisions that have impacted all of us:
 
The Warren Court (1953 – 1969) was responsible for Brown v Board of Education, the decision that held that segregation in public schools was unconstitutional. Engel v Vitale, that public schools could no longer have official prayer; or Abington School District v Schempp, mandatory bible readings had to be discontinued, and Gideon v Wainwright granted the right to a court-appointed attorney for people who are unable to afford one.
 
The Burger Court (1969–1986) ruled that the Constitution protected a woman's right to privacy and to control her own body, Roe v Wade, and there could no longer be a ban on abortion. In Regents of the University of California v Bakke the Court’s ruling on affirmative action was extremely controversial, as was its ruling on Furman v Georgia which stated that the methods used by some states to implement the death penalty was unconstitutional – although it did not state that the death penalty was unconstitutional.
 
It was the Rehnquist Court (1986–2005) that finally decriminalized homosexual sex, Lawrence v Texas.
 
I think it would be generally accepted that the decisions I have listed above are liberal rather than conservative in nature – although I would argue that decisions involving human rights are neither liberal nor conservative, but simply are fair and just decisions. However, I do want to point out that Justice Warren was chosen by President Eisenhower, a Republican; Justice Burger was chosen by President Nixon, a Republican; Justice Rehnquist was President Nixon’s choice, and he was later appointed Chief Judge by President Reagan, two Republicans. Consequently, some of the most liberal decisions emanating from the Supreme Court have come down from a court that’s been led by a Justice who was appointed by a Conservative President. The media keeps mentioning the possibility of a filibuster.  I think that Congress ought to look at prior decisions that have come down from the court before anyone discusses a filibuster.
 
Justice Stevens himself was appointed to the Court by President Ford and he is universally described as a liberal. Differences of opinion that lead to intelligent discussion is a good thing to have on the Supreme Court, but this is the high court of our land and we want to be certain that the person who replaces Justice Stevens is intelligent and experienced – and perhaps most important of all, that they have a sense of humanity and are fair and just in making decisions that directly affect the people of the United States.
 
It will be difficult to fill Justice Stevens’ shoes; let’s pray that our President and Congress find the inner strength and wisdom to select the right person.