Justice Stevens' hiring stirs retirement rumors

Leading liberal has fewer clerks than usual

The Associated PressSeptember 3, 2009 

— Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court's liberals will retire next year.

If Stevens stepped down, he would give President Barack Obama his second high court opening in two years. Obama chose Justice Sonia Sotomayor for the court when Justice David Souter announced his retirement in May.

Souter's failure to hire clerks was the first signal that he was contemplating leaving the court.

Stevens, 89, joined the court in 1975 and is the second-oldest justice in the court's history, after Oliver Wendell Holmes. He is the seventh-longest-serving justice, with more than 33 years and eight months on the court.

In response to a question from The Associated Press, Stevens confirmed through a court spokeswoman Tuesday that he has hired only one clerk for the term that begins in October 2010. He is among several justices who typically have hired all four clerks for the following year by now.

Information about this advance hiring is not released by the court but is regularly published by some legal blogs.

Stevens did not say whether he plans to hire his full allotment of clerks or whether he will leave the court at the conclusion of the term that begins next month. Retired justices are allowed to hire one clerk.

The White House had no comment.

Former law clerks said Stevens has for years hired all his clerks at once, usually in June or July of the year preceding their appointment. "I'd be surprised if he hired one but not four," said Columbia University law professor Jamal Greene, who worked for Stevens in 2006 and 2007.

But as to what that might mean, Greene said, "Frankly, your guess is as good as mine."

But one former clerk, University of Oklahoma law professor Joseph Thai, said he takes it as a sign that Stevens is likely to retire soon.

"It seems to indicate that he probably won't go beyond the current term," Thai said, cautioning that Stevens has said nothing to him about leaving.

When it comes to retirement, justices have their own "don't ask, don't tell" policy. Other than the occasional reporter, whose question typically is ignored, no one even bothers to ask justices when they will quit.

That goes for their law clerks and even other justices.

So reading between the lines becomes more important. Souter was often the last justice to hire clerks, but when he hadn't even interviewed candidates by mid-April, the prospect that he might retire loomed ever larger.

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