Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Judge, 85, to quit Supreme Court

Rupert Cornwell
Wednesday 06 April 1994 23:02 BST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

JUSTICE Harry Blackmun, author of the historic 1973 ruling guaranteeing American women the right to an abortion, announced his retirement from the Supreme Court yesterday, offering President Clinton another opportunity to chip away at conservative domination of the highest US court.

At Justice Blackmun's departure itself, there was little surprise. Although he had hinted he might stay on, he was, at 85, the oldest member of the court. A wry valedictory performance alongside a regretful President in the White House refuted any hint of the 'unacceptable senility' Blackmun once joked would determine his going. But of late he has seemed tired in his appearances on

the bench.

In a letter to the President, he said he intended to step down formally when the 1993/1994 court year ends in June, allowing Mr Clinton time to choose a successor before a new term begins in October. The White House will wait before making a decision, but a short-list of likely contenders is already doing the rounds. Whoever is picked, the court's outward complexion will not greatly change. Justice Blackmun (widely regarded as a conservative when appointed by President Nixon in 1970) finished his days as the court's leading liberal. His replacement will probably be cut from similar cloth: Mr Clinton has already made clear he will not name a judge opposed to abortion rights.

The early favourite is the outgoing Senate majority leader George Mitchell, once a federal judge. That choice could do much for the President's wobbly political fortunes.

Whoever is chosen will not upset the rough balance in the nine- person Supreme Court, consisting of three conservatives headed by Chief Justice William Rehnquist, a more moderate bloc which holds the balance, and two liberals, Justice Blackmun and Justice John Paul Stevens. A skilful newcomer might knit together a centre-left coalition that would tilt the balance from the conservatives.

For the moment, Washington is pausing to pay tribute to Justice Blackmun, a modest, Minnesotan for whom the 1973 Roe vs Wade judgment has ensured a niche in legal history. In February Justice Blackmun announced his opposition to the death penalty at a time when the court is trying to hasten the pace of executions. Such is the culmination of what most see as a leftward journey. Blackmun does not agree. He once said: 'It's not that I've moved to the left. The court has shifted to the right.'

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in