Saint Stevens

Justice John Paul Stevens' retirement from the Supreme Court severs the county's last link with the great Warren Court: Stevens, nominated in 1975 to replace William O. Douglas, served with Warren Court members William Brennan and Thurgood Marshall. Stevens has served seven presidents and has the fourth-longest tenure in court history. Although appointed by Republican President Gerald Ford (and confirmed by a 98-0 vote, if you can believe that), Stevens proved to be a reliable liberal. He told The New Yorker earlier this year that he would retire while Barack Obama was president, and has been as good as his word.

Over the next few weeks, the media will speculate on short lists and long lists. Liberals will argue for a liberal nominee, moderates will push for a moderate, independents will push for an independent, and conservatives would oppose David Petraeus if Obama nominated him. Although part of me would like Obama to pick a fight by nominating someone as liberal as John Roberts and Samuel Alito are conservative, in the end I tend to think that that is unimportant. In the first place, the conservative bloc of the court is so reactionary that it's unlikely that a moderate will ever side with it in a closely decided case. Moreover, there's something to be said for a persuasive, politically savvy moderate liberal who can build a relationship with Anthony Kennedy and work to bring his vote around on key decisions.

Failing that, how about Hillary Clinton? Even the Republicans wouldn't filibuster one of their own, it would drive the right absolutely bonkers, and she would lend the court genuine liberal stature...

Historically, Supreme Court Chief Justices have been a motley, feckless lot. After reading Peter Iron's excellent A People's History of the Supreme Court, I concluded that there have been exactly two great CJ's: The liberal Earl Warren (1953-1969) and the conservative John Marshall (1801-1835), who was by any definition as much as judicial activist as Warren...

Republicans promise a fight if Obama nominates a a judicial activist, which the party that prevailed in Bush v. Gore defines with a straight face as "someone driven by a preferred result rather than by the law..."

Teabagging for Dick...

Foxessa has reviews of Treme here. The countdown to Sunday continues!...

Business Week says that Obamanomics is working. I'm not sure what kind of recommendation that is, and you have to believe that the stock market is a leading indicator of overall economic health. But even if you don't, no one can accuse BW of being a fellow traveler with the Daily Worker...

Birdy Breakfast: Snow White and Lemon Dwarf...

It's o.k. with me if you get knocked up as long as you're both underage...

Birds On A Wire attends a evening of Elvis music and anecdotes in Pittsfield, MA. At the end of the program, everyone is invited join a chorus of...Dixie?...

JUST A SONG: All along the watchtower, princes kept the view...

Der Mittster: He's for it and he's against it...

The Dead, "St. Stephen," and "Playboy After Dark" (nice glasses, Phil):