Supreme Court

The way some people are reacting to Justice John Paul Stevens’ announcement today that he will resign makes me wonder what would happen if a conservative stepped down during this administration. Then we would have a shift of power on the court. As it is, we are likely to simply replace a liberal with a liberal.

The president, of course, hasn’t even nominated a replacement yet, but already people are speculating over how tough it might be to confirm that person. This Christian Science Monitor piece notes that Barack Obama’s approval ratings are lower now than when he nominated Sonia Sotomayor, and that is expected to have an impact.
Just for fun, I went into the electronic archives of the Chicago Tribune in 1975, when President Gerald R. Ford nominated Stevens. I picked Chicago because that’s where Stevens was from. I wish I could link you to the clippings, but they are behind a pay wall.
The first thing you would notice is how much more civil everyone seems than today. Ford was a Republican. The Senate was controlled by Democrats. But no one was frothing at the mouth. The only hint at controversy in the initial story from Nov. 29 of that year is a paragraph that says, “Stevens will join a court increasingly divided and conservative.”
But he was described in every story as a moderate. That may seem ironic, considering he now is considered among the most liberal of the justices. But here’s where historical perspective is important. He was replacing William O. Douglas, a New Deal era appointee who defined the term “judicial activist.”
The Tribune said the key decisions Stevens might face on the court would be “the constitutionality of the death penalty, and the scattering of public housing outside the inner city into the suburbs.”
Compare that to the possible gay marriage showdown and other culture war questions that could make it to the court today and you might get a glimpse into why Americans seem more divided than in 1975.
But then, the death penalty was a pretty big deal. Maybe we’re just not as nice as we used to be.