Justice John Paul Stevens to Retire From Supreme Court, Giving Obama 2nd Nominee

Justice John Paul Stevens, the gentlemanly senior member of the Supreme Court and a stalwart of its liberal wing, said Friday he will retire this summer, opening the way for President Obama to nominate his successor and get the appointee confirmed before the beginning of the fall term.

Stevens, who turns 90 later this month, was named to the court in 1975 by Republican President Gerald Ford. In a letter to Obama, Stevens said he concluded it was in "the best interests of the court" for him to step down at the close of the current session in June or early July, so the president can move swiftly to replace him.

His departure will not change the 5-4 conservative advantage on the high court, since Obama is likely to nominate a justice who will often side with the three remaining liberals, including his initial appointee, Sonia Sotomayor.

Stevens, who hinted recently that his retirement was imminent, was a strong voice for civil liberties, including the right to an abortion. He dissented in a recent campaign finance decision giving corporations and labor unions more leeway in spending on political advertising, and was in the minority on Bush v. Gore, which stopped a recount of the 2000 presidential election in Florida, assuring George W. Bush of the White House. But he also voted in the minority against a 1989 majority opinion that overturned a Texas law prohibiting desecration of the American flag. "Sanctioning the public desecration of the flag will tarnish its value, both for those who cherish the ideas for which it waves and for those who desire to don the robes of martyrdom by burning it," he wrote in dissent.

President Obama said Stevens "courageously served his country from the moment he enlisted the day before Pearl Harbor to his long and distinguished career on the Supreme Court . . . He has stood as an impartial guardian of the law. he has worn the judicial robe with honor and humility." In considering a successor to Stevens, the president said he would seek a person "with similar qualities" of independence, integrity, and an understanding of how legal decisions affect the daily lives of Americans. "It will also be someone who, like Justice Stevens, knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens." That sounded like a reference to the campaign finance case.

Chief Justice John Roberts, who was often on the opposite side in court opinions, said Stevens "has enriched the lives of everyone at the court through his intellect, independence and warm grace." And Senate Minority Leader Mitch McConnell, who will be asked to confirm his successor, said he respected Stevens' "devotion to the institution and the gentlemanly manner in which he always carried out his work."

"As we await the president's nominee to replace Justice Stevens at the end of his term, Americans can expect Senate Republicans to make a sustained and vigorous case for judicial restraint and the fundamental importance of an even-handed reading of the law," McConnell said in a statement.

Democrats can usually count on 59 votes in the Senate, one short of the three-fifths majority needed to cut off a filibuster, a procedural move that can block legislation or a judicial appointment. Senate Majority Leader Harry Reid encouraged Republicans "to join us in conducting fair, respectful hearings with swift confirmation of the president's nominee." There's no guarantee of that. Members of the Judiciary Committee have been frustrated by the lack of candor from recent judicial nominees who avoided answering thorny questions about their judicial outlook by saying they dare not prejudge an issue that could come before them on the bench.

Because Stevens' decision was not unexpected, the White House is already exploring its options. Those close to the process say the front runners include Solicitor General Elena Kagan -- an Obama appointee and the first woman to hold that post -- and two appellate court judges, Diane Wood of Chicago and Merrick Garland of Washington. Kagan and Wood were considered for the Supreme Court opening eventually filled by Sotomayor, a New Yorker.

A native of Chicago, Stevens graduated magna cum laude from the Northwestern University School of Law in 1947. He served in the Navy during World War II, worked as an antitrust lawyer and then an appeals court judge before joining the Supreme Court. He is the longest-serving current justice by more than a decade; McConnell joked that "it seems likely that he could have shattered" the all-time record for longevity on the Supreme Court "if he had wanted to."