As soon as Justice John Paul Stevens announced that he would leave the Supreme Court, President Obama and progressive groups said the next justice should be an economic populist.
Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog.
I. Moments after Justice John Paul Stevens announced his intention to retire from the Supreme Court, Republican senators warned President Barack Obama not to appoint a judicial activist to replace him. Senator Orrin Hatch promised Obama “a whale of a fight if he appoints an activist to the court” and Senator Mitch McConnell warned that “Americans can expect Senate Republicans to make a sustained and vigorous case for judicial restraint and the fundamental importance of an evenhanded reading of the law." But Hatch and McConnell’s definition of “judicial activism” is topsy-turvy.
Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog. A version of this piece was originally posted there on February 23, 2010. When Justice Stevens retires, what happens then? There will be a pretty efficient process. The White House will receive significant pressure from both the right and left, all of which it will basically ignore. Conservatives will want to use the Court as a rallying point for their base for the 2010 midterm elections and beyond.
A tip from an informant led Detective Amando Rodriguez and Sergeant Diane Contreras to the stash house--actually a New York City apartment--which they had good reason to think contained a substantial haul of drugs. The suspicion was confirmed when they busted a man leaving the building with a kilo of cocaine in a black bag. The officers entered the building to stake out the apartment. That's when the carryout delivery woman arrived with an order for the stash house. Worried that she might inadvertently draw attention to their presence, the cops made a hasty decision to enlist her help.
This piece is from our archives: It was published on May 20, 2009. In March, 2008, Martha Nussbaum, a law professor at the University of Chicago, traveled with Judge Diane Wood to a conference in India. The topic was affirmative action in higher education, and before the conference began, they went to Kolkata to meet women leaders who were gathered to talk about how women should claim their legal rights. "Diane borrowed half of my Indian wardrobe and came in like an Indian woman," Nussbaum recalls.