It’s official: Supreme Court Justice John Paul Stevens will retire this summer. It is neither unexpected, given his recent interviews, nor hugely significant. He will be replaced by a justice equally enamored of the “living Constitution” and equally dismissive of the notion that the judge’s job is to divine the meaning of the texts before him or her. It does, however, add to the Democrats’ woes. It is another subject area — judicial activism and the resulting impact on abortion, gay rights, and other policies — on which the Left is at odds with the American people. Democrats rarely benefit from these debates. And, in this case, it may impair their moving ahead on more politically attractive measures that might be of some benefit. Should we expect a filibuster? Another Sonia Sotomayor might trigger one, but I suspect the White House will tamp down on the controversial, nix the “empathy” jabber, and find a qualified nominee this time around. It is, more than anything else, a lost opportunity for conservatives — who after losing the 2008 race now pay the price in court appointments at all levels of the judiciary.

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