In a wire article posted this morning, the AP reports that Justice Stevens has hired only one clerk for the term that begins in October 2010, prompting speculation that he may retire at the end of the upcoming 2009-2010 term. Former law clerks to Justice Stevens say that he usually hires all four of his clerks at the same time, usually in June or July of the preceding year. The article mentions two considerations that might keep him on the Court past 2010 -- the possibility that Justice Ginsburg's health might deteriorate, and the fact that he would become the longest-serving justice in Supreme Court history if he stays on until 2012. If he were to stay on until mid-2012, that would be unfortunate timing for President Obama. My guess is that Justice Stevens would not place his personal desire to achieve that record above giving President Obama the opportunity to nominate his replacement. The AP article is here.
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