The longest serving current justice on the United States Supreme Court, John Paul Stevens turns 90 on April 20. Widely regarded as a high intellect, Stevens graduated in 1947 with the highest GPA in the history of Northwestern University Law School . In recent years he has been unfairly nicknamed “The Chief Justice of the Liberal Supreme Court” in spite of a history that is often far from liberal.
Born into a wealthy Chicago family in 1920, he initially set his sights on a PhD in English after graduating from the University of Chicago. When Stevens returned from Naval duty in the Pacific Theater in WWII, an older brother talked him into attending law school instead. Following law school, he served one term as a United States Supreme Court clerk then returned to Chicago to enter the private practice of law. There he developed a reputation as an anti-trust expert and later taught anti-trust law at both Northwestern and the University of Chicago law schools.
In 1969 he was appointed by the Greenberg Commission to investigate corruption on the Illinois Supreme Court. Rather than the expected whitewash, Stevens aggressively pursued investigations targeting the State’s current and former Chief Justices, gaining national recognition in the process. In 1970 President Richard Nixon appointed him to the 7th Circuit Court of Appeals. Five years later, President Gerald Ford nominated him to replace William O. Douglas as Associate Justice of the United States Supreme Court. The Senate confirmed his nomination 98-0. At the time of his appointment he was considered a moderate conservative.
During his nearly 35 years on the Court, Stevens has compiled a record that is difficult to pigeon hole. Early on he was best known for his opposition to affirmative action quotas, though later he came to grudgingly accept them. He voted with the majority in Gregg v. Georgia to reinstate capital punishment, and in three more cases voted in favor of capital punishment. He has made public statements since then that seem to question that position.
His reputation as a “liberal” may have arisen from his strong opposition to prayer in public schools and religious displays on public property. He is middle of the road on criminal’s rights, usually deciding on the particular facts of the case.
Despite his intellectual prowess, Stevens sometimes writes with emotion as he did in a scathing dissent in Bush v. Gore in which he accused the majority of undermining the rule of law and destroying faith in judges. From his dissent:
“Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.”
Emotional patriotism and memories of World War II again surfaced when he voted with the minority to discard First Amendment arguments and uphold laws criminalizing flag burning. Writing in dissent in Texas v. Johnson:
“…the flag is more than a proud symbol of the courage, the determination, and the gifts of nature that transformed 13 fledgling Colonies into a world power. It is a symbol of freedom, of equal opportunity, of religious tolerance, and of good will for other peoples who share our aspirations…The value of the flag as a symbol cannot be measured…
The ideas of liberty and equality have been an irresistible force in motivating leaders like Patrick Henry, Susan B. Anthony and Abraham Lincoln, schoolteachers like Nathan Hale and Booker T. Washington, the Philippine Scouts who fought at Bataan, and the soldiers who scaled the bluff at Omaha Beach. If those ideas are worth fighting for — and our history demonstrates that they are — it cannot be true that the flag that uniquely symbolizes their power is not itself worthy of protection from unnecessary desecration.”
Stevens is best known for his opinion in Chevron v. Natural Resources Defense Council (1984), which sets the standard still in use to determine when government agencies exceed the authority of their statutory empowerment. It is the most cited opinion in the history of the Court.
Along the way, Stevens has voted against state medical marijuana laws, finding that federal anti-marijuana law supersedes them. And, he recently wrote the lead opinion, joined by the Court’s conservatives, upholding a state’s right to require a photo ID to vote. Crawford v. Marion County Election Board (2008).
Regarded as idiosyncratic and individualistic, Stevens is thought by many court observers to lack the skills for consistent and effective coalition building. With regard to the “liberal” label, Stevens did not become more liberal so much as he appeared more liberal as the Court moved further to the right in the last quarter century. Review of his record as a Supreme Court Justice demonstrates more centrist unpredictability than reliable liberal stalwart.
Over the weekend, reports again surfaced that Stevens will soon retire. There are signs that is true. He hired only one clerk for this term, common for a retiring justice, instead of the usual four. He has talked freely about retiring and has pointed to April as the month when he may decide. With his 90th birthday on the 20th and the final oral argument of this term scheduled for April 28th, he will have two meaningful dates to do that.
Sources include: Wiki, Oyez, FindLaw, WaPo, and Issues 2000.
Cross posted at Elijah’s Sweete Spot. COMMENTS/DISCUSSION welcome at Disqus™ enabled Thread Three.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.