Tag: stevens

Former Justice Stevens Dies at 99

On 16 July 2019, at the age of 99, passed away former Justice of the US Supreme Court John Paul Stevens. Justice Stevens was appointed to the US Supreme Court in 1975 as the only nominee of President Ford. He retired from the bench in 2010. At the time, he was the second-oldest-serving justice in the history after Oliver Wendell Holmes Jr., who was 90 years and 309 days when he retired in 1932.

Justice Stevens, although appointed by a Republican President, by the end of his time at the Court became one of the most liberal Justices. Justice Stevens wrote Majority opinions in landmark cases including Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) (forcing Courts to give deference to government agencies’ interpretation of statutes they administer), Gonzales v. Raich, 545 U.S. 1 (2005) (allowing the federal government to prosecute patients using medical marijuana even where such use is legal under state law) and Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007) (forcing EPA to regulate greenhouse gases as pollutants). He also voted with the Majority in Grutter v. Bollinger539 U.S. 306 (2003) (to uphold affirmative action).

Justice Stevens was in dissent in Texas v. Johnson, 491 U.S. 397 (1989) (voting to uphold a prohibition on flag-burning), United States v. Lopez514 U.S. 549 (1995) and United States v. Morrison529 U.S. 598 (2000) (voting to wider the federal government’s powers under the Interstate Commerce Clause), Van Orden v. Perry, 545 U.S. 677 (2005) (voting to disallow a display of the Ten Commandments on a monument located at the Texas State Capitol in Austin), District of Columbia v. Heller, 554 U.S. 570 (2008) (voting against an individual right to own firearms at home) and Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) (voting to allow restrictions on corporate spending on political campaign).

After his retirement from the Supreme Court, Justice Stevens was replaced by Elena Kagan nominated by President Barack Obama.

Justice Ginsburg Has no Plans to Retire

On 29 July 2018, Justice Ginsburg, who is currently 85 years old 
declared that she planned to remain on the Supreme Court for at least 5 more years (The Guardian). The Justice is already the oldest sitting Justice of the Court. She was originally appointed by President Clinton in 1993 at the age of 60 as the second woman ever appointed to the US Supreme Court. She is a known liberal who openly opposed the candidacy of Donald Trump during the 2016 presidential election (CNN). In fact, it is common knowledge that Justice Ginsburg will not voluntarily retire during a Republican president. Given her age, she was pressured to retire during the second term of the Obama’s presidency in case his predecessor turned out to be a Republican but she did not cave (e.g. NY Times here). Now that President Trump appoints strictly conservative judges to the federal benches, Justice Ginsburg embraces herself to wait out his term in office. During the next presidential election in 2020, the Justice will be 87 but her retirement plans will necessarily depend on whether President Trump is re-elected or not. If President Trump wins again in 2020, Justice Ginsburg will have no choice but to endure yet another 4 years on the bench. If successful, this would bring her to over 91 thereby beating the current record-holder, Justice Oliver Wendell Holmes, Jr., who stepped down at the age of 90 years and 10 months. She would also beat her former colleague Justice John Paul Stevens, who retired in 2010 at the age of 90 years and 2 months. Justice Ginsburg, despite her history of cancer and regular nodding-off during official events, remains active both as an opinion writer on the bench as well as a public speaker outside the Court. Given her spirit, she might as well be capable of achieving the title of the oldest ever sitting Justice of the US Supreme Court, that is provided nothing unexpected happens of course.