And he was an effective and influential justice, beloved by his colleagues on the court, and of course his loyal law clerks. In his early years, he had a deserved reputation as a maverick, often writing opinions on his own. But over time he became the Jedi Master of cobbling together majority opinions in favor of his liberal views, even as the court around him grew increasingly conservative. Indeed, when accused by conservatives of becoming more liberal over time, Stevens always forcefully insisted that his views had not changed, only the leaning of his fellow justices had.
Unfailingly polite at oral argument, he would invariably begin his questions by asking permission of the advocate to ask a question. But no matter how politely poised, his questions were invariably dagger-like, aimed right at the central weakness of the lawyer’s argument. Many of the nation’s best lawyers saw their entire cases unravel in seconds after receiving a Stevens question at argument.
Stevens was proudly patriotic, and loved his country. He served in the Navy in World War II. Many believe his military service explained his dissenting vote in Texas v. Johnson, when the court struck down as unconstitutional a state law that made it a crime to burn a flag.
For Stevens, the flag was “more than a proud symbol of the courage, the determination, and the gifts of nature that transformed 13 fledgling Colonies into a world power. It is a symbol of freedom, of equal opportunity, of religious tolerance, and of good will for other peoples who share our aspirations.”
President Gerald Ford appointed Stevens to the court in 1975 and was later sharply criticized by many Republicans when it became clear that Stevens would not be a reliably conservative vote. Not long before his own death, Ford responded to his critics in a letter to Stevens. Ford’s words made clear his tremendous pride in Stevens’s record as a justice: “I am prepared to allow history’s judgment of my term in office to rest (if necessary, exclusively) on my nomination thirty years ago of John Paul Stevens to the U.S. Supreme Court.”
President Ford deserves our nation’s gratitude for such an inspired choice for the high court. On Tuesday, the nation lost a great American and a great justice. In deserved tribute, the doors of the Supreme Court are already draped in black.