TPMDC John Paul Stevens
Supreme Court
Leahy Floats Idea Of Bringing Former Justices Back To SCOTUS Bench
Former Supreme Court Justice Sandra Day O'Connor, and current Justices Antonin Scalia and Stephen Breyer.
Sen. Patrick Leahy has been floating the idea of bringing former Supreme Court justices back to the bench to help decide cases where current justices might have conflicts of interest.
It's an intriguing concept in the very early idea stages, according Leahy's aides on the Senate Judiciary Committee. Leahy (D-VT) raised the idea of legislation allowing for the SCOTUS switcharoo first in the National Journal and again in more detail to the Washington Post.
Of course, the former justices in question would be more likely to side with the court's liberals.
PERMALINK | COMMENTS (22) | RECOMMEND RECOMMEND (0)Topics: Elena Kagan, John Paul Stevens, Patrick Leahy, Senate Judiciary Committee, Supreme Court, U.S. Supreme Court
Supreme Court vacancy
It's Kagan -- Obama Makes Supreme Court Selection
Solictor General Elena Kagan
President Obama Monday will officially nominate Solicitor General Elena Kagan for the vacant seat on the Supreme Court, his second selection for the high court. Multiple news outlets and the Associated Press are reporting that Kagan, 50, is Obama's choice to replace retiring Justice John Paul Stevens.
She has never tried a case in court but was considered an early favorite for the job, causing intense speculation Friday as the White House defended her record and some publications said it was highly likely she'd be his pick. Kagan served as a clerk in the late 1980s for Supreme Court Justice Thurgood Marshall and was a clerk for the D.C. Circuit Court of Appeals. She worked at a private Washington law firm before taking a job in the Clinton administration.
Kagan is the first woman to hold the solicitor general post and until she took that position she was dean of Harvard Law School, also the first female to hold that job. Under her six-year tenure Kagan helped the law campus open new buildings and she updated the curriculum. She also was recognized for fundraising prowess. But Kagan banned military recruiters from campus, a sure lightning rod issue the GOP will focus on during her confirmation hearings.
PERMALINK | COMMENTS (135) | RECOMMEND RECOMMEND (0)Topics: Barack Obama, Elena Kagan, John Paul Stevens, Judicial nominees, Senate Judiciary Committee, Supreme Court, Supreme Court vacancy
Supreme Court vacancy
Supremely Speculative -- SCOTUS Talk Gets DC In A Lather
Eight of the nine U.S. Supreme Court Justices
President Obama is getting this close to making his Supreme Court selection to fill the vacancy left by the retirement of Justice John Paul Stevens, so we know what that means -- Washington is in a tizzy about when and how and who will be his choice.
Politico's Mike Allen set the Internet aflame this morning by reporting in his Playbook newsletter that the nomination would definitively come on Monday and with a strong suggestion it would be Solicitor General Elena Kagan. Is the report accurate? I asked the White House.
"In a word? No," an aide told me.
PERMALINK | COMMENTS (61) | RECOMMEND RECOMMEND (0)Topics: Barack Obama, John Paul Stevens, Judicial nominees, Supreme Court, Supreme Court vacancy, White House
Supreme Court vacancy
Obama Seeking Nominee In Stevens Mold And Asking Senate Leaders For Their View
President Barack Obama meets bi-partisan U.S. Senate Leaders
President Obama, already speaking with potential Supreme Court picks, today will huddle with key members of the Judiciary Committee tasked with confirmation hearings for his future nominee.
Administration aides tell me he'll solicit their ideas for names he should add to his (longish) short list for consideration, and that Obama will tell members he wants the schedule for his nominee to be just as speedy as the one they followed last spring with Sonia Sotomayor.
A White House official told me that Obama is looking for someone "with a similar set of skills" to Justice John Paul Stevens, known for his ability to win over the other justices using compelling arguments and never backing down from a fight. The official said a nominee with a political background, such as a governor, would have the skills that could help build "a constructive 5-person majority and not just write articulate dissents."
PERMALINK | COMMENTS (29) | RECOMMEND RECOMMEND (0)Topics: Barack Obama, Jeff Sessions, John Paul Stevens, Patrick Leahy, Senate Judiciary Committee, Sonia Sotomayor, Supreme Court, Supreme Court vacancy
Supreme Court vacancy
White House: Obama Won't Make Cautious Court Pick Because GOP Will Oppose Whoever He Nominates
President Barack Obama
President Obama thinks Republicans will engage in a full battle over his Supreme Court nominee regardless of the person's ideological leanings, and in some ways "that realization is liberating for the president" to choose whomever he pleases, an administration official told TPMDC.
In comments that are at odds with the conventional wisdom about what Obama needs to do to make sure the Senate confirms his nominee to replace John Paul Stevens, a White House official involved in the confirmation process tells TPMDC that the President isn't taking a cautious approach to selecting a nominee. Despite having one less Democrat in the Senate than when Sonia Sotomayor was confirmed last year, the administration isn't limiting itself to reviewing only centrist candidates for the court vacancy, the official said.
"It doesn't matter who he chooses, there is going to be a big 'ol fight over it. So he doesn't have to get sidetracked by those sorts of concerns," the official told me. The GOP has attempted to obstruct "anything of consequence" put forth by the Obama administration since he took office, the official said. "The president is making this decision with a pretty clear view that whoever he chooses is going to provoke a strong reaction on the right," the official added.
The White House seems confident that because Democrats allowed votes on President George W. Bush's nominees, the 41 Senate Republicans won't stand in the way with the highly unusual judicial filibuster this year. After all, nine GOPers voted in favor of Sotomayor last summer in a relatively smooth fight for the president's first Supreme Court nominee. But this is a different year. Obama isn't just down one Democrat in the Senate, he's facing a frustrated electorate, a polarized nation and looming midterm elections that have Democrats from both chambers on the ropes.
PERMALINK | COMMENTS (187) | RECOMMEND RECOMMEND (0)Topics: 2010 elections, Barack Obama, John Paul Stevens, Judicial Watch, Judicial nominees, Senate Judiciary Committee, Sonia Sotomayor, Supreme Court, Supreme Court vacancy
Supreme Court vacancy
White House Quickly Shoots Down 'Justice Clinton' Idea
Secretary of State Hillary Clinton
The White House quickly tamped down a suggestion, made by Sen. Orrin Hatch (R-UT) this morning, that Secretary of State Hillary Clinton would make a good replacement for retiring Supreme Court Justice John Paul Stevens.
White House Press Secretary Robert Gibbs told reporters in his daily briefing today that President Obama has no plans to move Clinton to the judiciary branch.
PERMALINK | COMMENTS (10) | RECOMMEND RECOMMEND (0)Topics: Barack Obama, Hillary Clinton, John Paul Stevens, Orrin Hatch, Supreme Court, Supreme Court vacancy, White House
Roundup
TPMDC Saturday Roundup
Obama Promotes Tax Cuts In Stimulus
In this weekend's YouTube address, marking the weekend before Tax Day, President Obama promoted the stimulus program's inclusion of targeted middle-class tax cuts.
"So far, Americans who have filed their taxes have discovered that the average refund is up nearly ten percent this year - to an all-time high of about $3,000," said Obama. "This is due in large part to the Recovery Act. In fact, one-third of the Recovery Act was made up of tax cuts - tax cuts that have already provided more than $160 billion in relief for families and businesses, and nearly $100 billion of that directly into the pockets of working Americans. No one I've met is looking for a handout. And that's not what these tax cuts are. Instead, they're targeted relief to help middle class families weather the storm, to jumpstart our economy, and to bring the fundamentals of the American Dream - making an honest living, earning an education, owning a home, and raising a family - back within reach for millions of Americans."
PERMALINK | COMMENTS (6) | RECOMMEND RECOMMEND (0)Topics: John Paul Stevens, Jon Kyl, Roundup, Stimulus, Supreme Court
Supreme Court vacancy
Obama Lauds Retiring Justice Stevens And Pledges To Name Nominee Within 'Weeks'
President Barack Obama
President Obama this afternoon commended retiring Supreme Court Justice John Paul Stevens for being an "impartial guardian of the law" and said he will move "quickly" to name a nominee to fill his position on the high court.
Speaking to reporters in the White House Rose Garden, Obama said selecting Supreme Ccourt nominees are "among my most serious responsibilities as president." He said he will seek a nominee "in the coming weeks" with "similar qualities" to Stevens.
Obama said he spoke with Stevens this afternoon to thank him for his service, adding that at 89, the justice "leaves his position at the top of his game." The president told reporters that when President Ford nominated Stevens he sought someone who was not ideological, pragmatic and "committed above all to justice, integrity and the rule of law," and said he agrees that's the right approach.
PERMALINK | COMMENTS (18) | RECOMMEND RECOMMEND (0)Topics: Barack Obama, John Paul Stevens, Supreme Court, Supreme Court vacancy, U.S. Supreme Court, White House
Supreme Court vacancy
A Supreme Spring? Everyone Aiming For Quick Nomination Process
President Barack Obama and Vice President Joe Biden with US Supreme Court
President Obama moved swiftly last year in nominating Sonia Sotomayor for a vacancy on the court in less than a month, and Democrats are pushing for him to operate on the same time line now that he'll be filling Justice John Paul Stevens' seat.
White House aides last year said Obama, who learned of the retirement this morning on a flight back from Prague, would definitely consider others from his 2009 short list should there be another vacancy. When the White House wrote a new policy releasing names of visitors for the first time, the administration carved out an exception to allow potential nominees to slip by. Aides at the time specifically cited the Supreme Court nomination process as why they would allow for the exception to the new transparency policy.
Justice David Souter announced his retirement May 1, 2009 and Obama nominated Sotomayor May 26. The confirmation fight played out over the summer, with a final vote Aug. 6, and she was seated with plenty of time to help get settled and to participate in the choosing of the court's fall caseload. Congressional sources told me they'd like to see Stevens and the White House operate on the same time frame. One way for him to do that would be looking at his list from last year.
PERMALINK | COMMENTS (13) | RECOMMEND RECOMMEND (0)Topics: Barack Obama, John Paul Stevens, Sonia Sotomayor, Supreme Court, Supreme Court vacancy, U.S. Supreme Court
Supreme Court
Conservative Operative: Everything Depends On Who Obama Nominates
Curt Levey
Reacting to the retirement announcement of Justice John Paul Stevens, a conservative operative who was one of the fiercest critics of Sonia Sotomayor tells TPMDC that he believes President Obama is in a weaker position now that he was fresh off the election last summer -- and that he will pick a "moderate" for the court.
Curt Levey, executive director of the Committee for Justice, tells TPMDC: "We'll certainly be involved one way or another. As the loyal opposition I'm sure we'll point out what we see as the weaknesses" of any Obama nominee.
PERMALINK | COMMENTS (39) | RECOMMEND RECOMMEND (0)Topics: Barack Obama, Curt Levey, Diane Wood, John Paul Stevens, Merrick Garland, Pamela Karlan, Sonia Sotomayor, Supreme Court
Supreme Court
Supreme Court Scramble! Both Sides Prepping For Possible Stevens Retirement
Eight of the nine U.S. Supreme Court Justices
Call it the Stevens Supreme Court Scramble -- both sides are preparing for the next confirmation battle royale, should Justice John Paul Stevens' strong hints in recent days that he'll soon retire pan out.
Law professors and congressional staffers who have handled confirmations tell me that Solicitor General Elena Kagan has a good chance of making the top of President Obama's short list again, as she did when Sonia Sotomayor got the nod last year. Obama was widely impressed with her during his round of selection meetings, and she has already been thoroughly vetted. She also has the advantage of having been confirmed to her current post last year with seven Republican votes.
"It would be hard for Republicans to explain how they voted to confirm her for solicitor general without hesitation but she is now unacceptable," UC Berkeley law professor Daniel Farber, who clerked for Stevens early in his career, told me in an interview.
PERMALINK | COMMENTS (89) | RECOMMEND RECOMMEND (0)Topics: Barack Obama, Elena Kagan, John Paul Stevens, Judicial nominees, Sonia Sotomayor, Supreme Court, White House
Roundup
TPMDC Morning Roundup
Roll Call: Budget Fight Looms, Dems Must Decide On Reconciliation
Roll Call reports that Democrats will have to decide whether to use budget reconciliation again for big policy initiatives. On the one hand, it may be the only way to claim another major legislative victory in the face of Republican opposition. But on the other hand, the health care bill involved weeks of careful preparation and vetting of provisions with House Democrats and the Senate Parliamentarian, in order to write an acceptable bill that would not violate reconciliation rules.
Obama's Day Ahead
President Obama will receive the presidential daily briefing at 9:30 a.m. ET, and the economic daily briefing at 10 a.m. ET. The First Family will attend the Easter Egg Roll at 10:45 a.m. ET, with the President and First Lady delivering remarks. Obama will throw out the first pitch on opening day at Nationals Park, at 12:55 p.m. ET. Obama will meet with senior advisers at 5:15 p.m. ET.
Topics: Arlen Specter, Barack Obama, Financial Reform, Joe Biden, John Paul Stevens, Roundup, Supreme Court
Roundup
TPMDC Sunday Roundup
Stevens To Retire From SCOTUS While Obama Is President
Supreme Court Justice John Paul Stevens has declared that he will retire during President Obama's time in office. "I will surely do it while he's still president," said Stevens. He also said: "I can tell you that I love the job, and deciding whether to leave it is a very difficult decision. But I want to make it in a way that's best for the court."
Specter: Stevens Should Wait Until Next Year To Retire
Appearing on Fox News Sunday, Sen. Arlen Specter (D-PA) hoped that Supreme Court Justice John Paul Stevens would wait until next year to retire, when Specter thinks there could be a less toxic political environment. "I think the gridlock in the Senate might well produce a filibuster, which would tie up the Senate on a Supreme Court nominee," Specter said. "I think if a year passes there's a much better chance we can come to a consensus."
Topics: Arlen Specter, Iran, Joe Lieberman, John Paul Stevens, Jon Kyl, Larry Summers, Michael Steele, RNC, Roundup, Sunday Shows
Roundup
TPMDC Morning Roundup
Poll: Obama Tied With Generic Republican
A new CNN poll finds President Obama tied, at 47%-47%, against a generic Republican challenger for 2012. In addition, only 44% think Obama would win re-election, to 54% who think he would lose. CNN polling director Keating Holland said: "That may sound like a bad position to start from, but note that Bill Clinton was down 15 points to an unnamed Republican in March of 1994, and wound up winning the election two years later."
Obama's Day Ahead
President Obama will meet at 9 a.m. ET with Secretary of State Hillary Clinton. He will receive the presidential daily briefing at 9:30 a.m. ET. He will depart from the White House at 4:45 p.m. ET, en route to Camp David.
Topics: 2010 elections, 2012 elections, AZ-SEN, Barack Obama, John McCain, John Paul Stevens, Polls, Pres '12, Randy Neugebauer, Roundup, Sarah Palin, Supreme Court
Health Care
TPMDC Morning Roundup
Axelrod: Obama May Get More Specific In Health Care Rhetoric
White House senior adviser David Axelrod told the Associated Press that President Obama is considering a speech that would be more specific about health care reform, which could be delivered before the September 15 that the White House has given the Senate negotiators. "The ideas are all there on the table," said Axelrod. "Now we are in a new phase, and it's time to pull the strands of these together."
Obama's Day Ahead: Back on Vacation
President Obama will depart from the White House at 12:30 p.m. ET, and will head to Camp David to resume his vacation.
Topics: Afghanistan, Barack Obama, CA-10, FL-SEN, Health Care, Jim Traficant, Joe Biden, John Paul Stevens, Supreme Court
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