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19 Jul 2019

John Paul Stevens emerged as Supreme Court’s leading liberal

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July 19, 2019 Category: Week In Review Posted by:

ABOVE PHOTO: Former U.S. Supreme Court Justice John Paul Stevens receives the Presidential Medal of Freedom at a ceremony at the White House May 29, 2012 in Washington, D.C.  Stevens died Tuesday at the age of 99. (Photo: Shutterstock)

By Mark Sherman and Connie Cass

associated press

WASHINGTON— John Paul Stevens moved left as the Supreme Court shifted to the right during his nearly 35 years as a justice.

That’s how the bow-tie wearing Republican from the Midwest emerged as the leader of the high court’s liberal wing and a strong proponent of abortion rights, consumer protection and limits on the death penalty.

Stevens, who died Tuesday at age 99 in Fort Lauderdale, Florida, served longer than all but two justices and was the second-oldest after Oliver Wendell Holmes in the court’s nearly 230 years.

He stepped down from the bench at age 90, but remained active in public life. He wrote books, spoke frequently in public and contributed lengthy pieces to The New York Review of Books.

Stevens liked to argue that his views remained more or less the same, while the court became more conservative during his tenure. “I don’t think of myself as a liberal at all,” Stevens told The New York Times in 2007. “I think as part of my general politics, I’m pretty darn conservative.”

But the justice began his Supreme Court years as a critic of affirmative action and a supporter of the death penalty. His views on both shifted substantially to the point that Stevens declared in 2008 that he believes the death penalty is unconstitutional.

His legal reasoning was often described as unpredictable or idiosyncratic, especially in his early years on the court. He was a prolific writer of separate opinions laying out his own thinking, whether he agreed or disagreed with the majority’s ruling. Yet Stevens didn’t consider his methods novel.

He tended toward a case-by-case approach, avoided sweeping judicial philosophies, and stayed mindful of precedent.

“I was trying to apply the law in a sensible way,” he told USA Today after his retirement. “I pretty much always thought I had the right answer.”

He is survived by two daughters, Elizabeth and Susan, who were with him when he died. Other survivors include nine grandchildren and 13 great-grandchildren. Stevens’ first wife, Elizabeth, second wife, Maryan, and two children died before him. Funeral arrangements are pending, the Supreme Court said in a statement announcing his death. But he is expected to be buried in Arlington National Cemetery, next to Maryan.

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