The Irreplaceable John Paul Stevens

Justice John Paul Stevens is not just a liberal justice. He is a liberal leader on the bench. The kind of leader who would keep other fluctuating members intact in a group through his persuasion and reasoning. Even though that group has become a minority in recent years, it has stood together. He is the kind of leader who justice Kennedy would need in those fluctuating moments. The kind of leader who the court desperately needs.

When he was nominated back in 1975, he was a moderate conservative. How come we are praising him to be a liberal? Has he changed his positions and leaned far left? Absolutely not. As a person ages, he acquires more wisdom. So obviously he may have become little more progressive, since reasoning and logical skills tend to be found only on liberal / progressive minds. So, a little more mature and reasonable person, yet a moderate individual. So, why are we calling him a liberal leader? It is because the court over the years have gone so far to the right, it is even hard to imagine or describe with words. It has gone too far, it makes Justice Stevens look like a true liberal.

Not to discredit him from some of his landmark opinions, where he stood with the minority, the notable ones are Gore v Bush, where he was courageous enough to write “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.” That summarizes it all. In the most recent decision (citizens United v Federal Election Commission), he wrote his longest 90-page dissent arguing against use of corporate contributions in public election campaigns. He has this unique ability to put himself in others shoes and see both sides of the picture clearly, rather being blinded by ideology. It is he who saw what it is being in the death row and mentally retarded at the same time. (Atkins v. Virginia). It is he who saw the need for prisoners in “GB” to have civil trials. Above all it is he who wrote,  ”Among some citizens, particularly minorities and those residing in high crime areas, there is also the possibility that the fleeing person is entirely innocent but, with or without justification, believes that contact with the police can itself be dangerous.” This isn’t “aberrant” behavior.. this is common sense when you live in a world where every police officer isn’t Officer Friendly.” - back in 2000 in the Illinois vs Wardlow case.

Now, you have to look at the context of this situation. On one hand you have a “WASP” justice, who grew up in a world apart from these type of situations, one who would not have been able to even perceive what these scenarios are. On the other hand, you have reality. The real Justice John Paul Stevens, with 34 years on the bench, who can clearly put himself in situations like these and offer the kind of justice, that we desperately need. Simple fair justice. Not blinded by ideology or background, but by clear analysis of the situation at hand, and exploring the constitution (the law of our land), and having the courage and wisdom to lead. Lead by example.

How can you find someone like this? He is irreplaceable. Even if president Obama had turned out to be the kind of true progressive like he portrayed himself, it would have been difficult for him to find a true liberal to replace Stevens. But the hard reality is that we have a “drill, baby, drill President”. We have a “public option is only a silver lining President”. This centrist, “poll-number loving”, “reaching out at all times”, president is FAR from being capable of finding a true liberal for the bench. We simply have to hope, the person he finds, over the years attains wisdom and starts having reasoning and logical skills. Hmm, that would be some 20 years away if the person being appointed is 50 now. If lady-luck were to shine upon “we the people”, then it is possible.

Until then, the simple fact remains that Justice John Paul Stevens is irreplaceable.