Supreme Court Justice John Paul Stevens retiring

(Washington) Supreme Court Justice John Paul Stevens, the court’s oldest member and leader of its liberal bloc, is retiring. President Barack Obama now has his second high court opening to fill.

Stevens said Friday he will step down when the court finishes its work for the summer in late June or early July. He said he hopes his successor is confirmed “well in advance of the commencement of the court’s next term.”

The timing of Stevens’ announcement leaves ample time for the White House to settle on a successor and for Senate Democrats, who control a 59-vote majority, to conduct confirmation hearings and a vote before the court’s next term begins in October. Republicans have not ruled out an attempt to delay confirmation.

Stevens’ announcement had been hinted at for months. It comes 11 days before his 90th birthday.

Throughout his tenure, which began after President Gerald Ford nominated him in 1975, Stevens usually sided with the court’s liberal bloc in the most contentious cases – those involving abortion, criminal law, civil rights and church-state relations. He led the dissenters as well in the case of Bush v. Gore that sealed President George W. Bush’s election in 2000.

Stevens began signaling a possible retirement last summer when he hired just one of his usual complement of four law clerks for the next court term. He acknowledged in several interviews that he was contemplating stepping down and would certainly do so during Obama’s presidency.

Chief Justice John Roberts said in a written statement that Stevens has earned the gratitude and admiration of the American people.

“He has enriched the lives of everyone at the Court through his intellect, independence, and warm grace,” Roberts said.

Stevens informed Obama in a one-paragraph letter addressed to “My dear Mr. President,” officially received by the White House at 10:30 a.m. EDT, two minutes before the public announcement. The news came on a day when the court wasn’t in session.

Just before the court’s announcement, Obama, en route back to Washington from a trip to Prague, had called a Friday afternoon Rose Garden statement, saying the subject would be a West Virginia mine accident.

The leading candidates to replace Stevens are Solicitor General Elena Kagan, 49, and federal appellate Judges Merrick Garland, 57, and Diane Wood, 59.

Stevens’ departure will not change the court’s conservative-liberal split because Obama is certain to name a liberal-leaning replacement. But the new justice is not likely to be able to match Stevens’ ability to marshal narrow majorities in big cases.

Stevens was able to draw the support of the court’s swing votes, now-retired Justice Sandra Day O’Connor and Justice Anthony Kennedy, to rein in or block some Bush administration policies, including the detention of suspected terrorists following the Sept. 11, 2001, attacks, its tilt toward protecting businesses from some lawsuits and its refusal to act against global warming.

But after the arrival of Roberts and Justice Samuel Alito, President George W. Bush’s appointees, Stevens more often was among the four liberal justices in dissent.

Stevens’ recent dissent in a major case involving campaign finance laws showed both the eloquence of his writing and, in his stumbling reading of his opinion in the courtroom, signs that his age might at long last be affecting him, though he remains an active tennis player and swimmer.

He is the court’s last World War II veteran and that experience sometimes finds its way into his writings, recently in a reference to Tokyo Rose, the English-speaking Japanese radio announcer who addressed U.S. soldiers in the Pacific.

Stevens had a reputation as a bright and independent federal appeals court judge when Ford, acting on a recommendation by Attorney General Edward Levi, nominated him to the Supreme Court.

His friendly manner of questioning lawyers who appeared before the court could not hide Stevens’ keen mind. His questions often zero in on the most telling weaknesses of a lawyer’s argument and the case’s practical effect on everyday people.

A pleasant, unassuming man, Stevens has been a prolific and lucid writer. For many years, he wrote more opinions each court term than any other justice.

Most justices let their law clerks write the first drafts of opinions, but Stevens has used his clerks as editors.

He’d write the first draft and submit it to the clerks for comment. “That’s when the real fun begins,” Stevens once told a visitor. “The give and take can get pretty fierce.”

As a result, his opinions have reflected his personal writing style – a conversational one that contrasted sharply with the dry, dull efforts of some other justices.

He said recently that one sign that it would be time to retire would be an inability to churn out those first drafts. But he insisted in recent days that he was still writing them.

The Albany gay marriage back room

Gay City News reports that a high-stakes meeting that included the governor, senior Democratic lawmakers and top gay advocates offered “the best sign yet that marriage equality may become a reality by New Year’s Day.”

Says Gay City News:
Shortly after 8 p.m., Paterson, four senior Senate Democrats — Jeffrey Klein of …

Utah Dems demand sanctions after Buttars’ homophobia

(Salt Lake City, Utah) Utah Senate Democrats on Tuesday called for the ouster of a GOP lawmaker from two additional key committee posts because of his anti-gay comments.

In recent comments to a documentary filmmaker, state Sen. Chris Buttars compared gay activists to radical Muslims and said they are “probably the …

For Supporters of Gay Marriage, a Dashing of Great Expectations

When Senate Majority Leader Malcolm A. Smith spoke to a hotel ballroom in Manhattan packed with hundreds of gay-rights advocates, fund-raisers and politicians on Saturday night, his mere mention of the words “marriage equality” roused the crowd.

So when Mr. Smith got to the question on everyone’s mind — whether New York would legalize same-sex marriages — he was greeted with a burst of cheers and applause before he could even finish his thought.

“Hold up,” Mr. Smith, a Democrat, said, trying to temper the excitement. “Although we do not have the number of votes at this time needed to pass the marriage equality gender bill this legislative session, we are committed to pursuing its passage.”

With that, Mr. Smith sent a clear signal that same-sex marriage in New York did not stand a good chance of becoming law this year.

His assessment was a sobering dose of reality for supporters of gay rights, who with their money and support helped Democrats win control of the Senate for the first time since 1965 and hoped to quickly knock down the last remaining obstacle to gay marriage in New York.

“It’s very disappointing,” said Matthew Titone, a Democratic assemblyman who represents Staten Island and who listened to Mr. Smith’s speech, which was delivered at a fund-raiser for the Human Rights Campaign, a national gay rights organization.

“Even if they don’t have the votes, that’s really no excuse for the leader not to crack the whip, get them in line and remind them that the only reason they’re in the majority is because of the gay community,” Mr. Titone said.

Expectations that the Senate would act this year have run high. To secure their victory in November, Senate Democrats relied on hundreds of thousands of dollars in contributions from supporters of gay and lesbian rights across the country. A gay marriage bill, which passed the Assembly in 2007 and has the backing of Gov. David A. Paterson, was among the issues that Democrats were expected to press once they took the majority.

Mr. Smith himself said in 2007, “We’re going to make sure that happens in ’08, when we take over the majority.” See For Supporters of Gay Marriage, a Dashing of Great Expectations

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Original source : http://gay_blog.blogspot.com/2009/02/for-supporter…

Burris likely to be seated this week

(Washington) Eager to put the scandal-tainted standoff behind them, Senate Democrats accepted Roland Burris as President-elect Barack Obama’s Senate successor on Monday and said they expect to swear in the new Illinois senator this week.

“He is now the senator-designate from Illinois and, as such, will be accorded all the rights …

How Dems blew Burris matter

(Washington) Senate Democrats who thought they could push away Roland Burris misjudged the racial fallout, underestimated public reaction and wound up on shaky legal ground.

The blunders began when the Democrats, including President-elect Barack Obama, insisted they would not seat Burris as the Senate’s only black member because the appointment came …

Smith: Deal off with dissident NY Senate Democrats, he wouldn’t subject civil rights issues to negotiation,

ALBANY, N.Y. – Senate Democratic leader Malcolm Smith said Wednesday any deal with three dissidents to secure his party’s hold on the chamber majority is officially off.

Smith said he has the support of the Democratic Caucus and has ceased negotiations with the three, Sen. Ruben Diaz Sr. and Sen.-elect Pedro Espada Jr., both of the Bronx, and Sen. Carl Kruger of Brooklyn. Their support would give the party a 32-30 majority beginning Jan. 1 after decades of Republican control.

“We’re prepared to wait if we have to to come into the majority,” Smith said. He was flanked by senators Neil Breslin of Albany and Liz Krueger of Manhattan when he made the announcement.

Smith said the three renegades were motivated by “personal interests.” He also said he wouldn’t subject civil rights issues to negotiation, referring to a proposal backed by many Democrats to legalize gay marriage. See Smith: Deal off with dissident NY Senate Democrats
Newsday – Long Island,NY,USA