Stevens' spirit looms large as Obama ponders pick

[May 06, 2010]  WASHINGTON (AP) -- Supreme Court Justice John Paul Stevens may continue to influence the high court long after his retirement this summer. His kind of "spark and leadership," says an adviser to President Barack Obama, is a quality sought in the person who will replace him.

Stevens, one of the longest-serving justices in court history and a voice for its liberal wing, leaves a legacy that includes the preservation of abortion rights, protection of consumer rights and limits on the death penalty. His influence depended on the times and the court's makeup, but he could be adept at persuading other justices to see his point of view.

"You can't replace someone's 34 years on the court, but you are mindful of the fact that he was a leader on the court, and you want someone who can provide that kind of spark and leadership -- if not immediately, then over time," senior White House adviser David Axelrod told The Associated Press in an interview Wednesday. "He senses that responsibility."

Axelrod is deeply involved in Obama's review of potential nominees and in shaping how the decision -- one of the most consequential a president can make -- will be presented to the country.

Obama said from the start that he would seek to replace Stevens with someone who offered similar qualities. If anything, that standard appears even more significant as Obama decides among nominees who, in his view, probably all meet his other criteria of a record of excellence, dedication to the rule of law and an appreciation of how court cases affect daily life.

Obama is expected to announce his choice within days. Axelrod, interviewed in his West Wing office, said the president has not yet made up his mind.

The nine-member court is generally viewed as having four conservative members, four liberals and one swing vote. One of the key points Obama is weighing is whether his choice will be someone who can build consensus -- again, a quality often assigned to Stevens.

"The court is ultimately a consensual body," Axelrod said. "It takes a majority to act, and even if you're not in the majority, you can influence how the majority opinions are written. You can influence how dissents are approached. Your ability to bring others along ... that's an important quality."

Obama began with about 10 candidates but appears to be centering on the four candidates known to have had face-to-face interviews with him: Solicitor General Elena Kagan and federal appeals court judges Diane Wood, Merrick Garland and Sidney Thomas.

If the president were to choose a woman, he would put the Supreme Court in position to have three female justices for the first time. The others are Justices Ruth Bader Ginsburg, appointed by Bill Clinton in 1993, and Sonia Sotomayor, whom Obama nominated just last year.

"I don't think he's approaching it as an arithmetic exercise," Axelrod said in response to that consideration. "I think he's going to choose the person who he thinks, at this time in history, will be the best nominee. And I wouldn't look for clues based on gender."

Obama is following the same decision-making process as last year: reading the writings of his nominees, evaluating their relative strengths, doing his own interviews and having his staff conduct others, deciding what kind of person is most needed on the court.

"Every candidate for any office or any appointment has strengths and weaknesses," Axelrod said. "No appointment is crystal clear."

Stevens, 90, was nominated by Republican President Gerald Ford but became part of the court's liberal bloc.

[Associated Press; By BEN FELLER]

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