Georgia Criminal Lawyer Blog

Justice Stevens reports that his retirement will be effective as of this summer, not when a replacement is confirmed.  This means that, come July, the Supreme Court will be short a Justice unless and until a successor has been nominated by the President and confirmed by the Senate.

The Court can function with fewer than its full membership of nine, but does not like to do so.  With only 8 justices there is a significant chance of splitting 4-4.  In that situation. the lower court ruling that has been reviewed is simply upheld, without an opinion and without setting any precedent.

Among the potential nominees to the Stevens seat are U.S. Solicitor General Elena Kagan; a federal circuit court judge from Chicago, Diane P. Wood; and a federal circuit court judge in Washington, D.C., Merrick B. Garland.

Text of Justice Steven’s retirement letter to President Obama is found here