Although Justice Stevens has not disclosed his intentions, he has suggested he may announce as soon as next month plans to step down after 35 years on the bench, providing President Obama his second opportunity to shape the nationÂs highest court. A new nomination could set off another charged ideological battle heading into the fall midterm campaign.
Stevens has not formally said he is going to retire, but his statements and actions suggest he is deciding when to retire, not if.
How Obama will play this is an open question. He could be unwilling to face a tough fight in an election year while trying to get other priorities through Congress, or he could feel this is a good chance to be aggressive now that health care is out of the way. He will have the advantage of not being under pressure to go with a minority candidate, which gives him more flexibility.
Jay