July 12, 2005
Stephen Bainbridge, citing an email from a "reliable source," says that Justice Stevens is planning to retire if the Chief Justice joins Justice O'Connor in retiring. This makes sense. If he thinks he may need to go before the end of Bush's term or if he thinks there is a good chance that the next President will also be conservative, he ought to take advantage of the current bunch-up. The best hope of getting replaced by a moderate rather than a strong conservative really is to have your vacancy become part of a three-person deal.