I WANTED TO TALK TO TONIGHT WHEN I HEARD THIS NEWS.
THANKS FOR MAKING TIME FOR US.
I REALLY APPRECIATE IT.
>> OH, OF COURSE.
GOOD NIGHT.
GOOD NIGHT. >> GOOD NIGHT.
JOINING US NOW IS CLIFF SLOAN,
HE WAS A CLERK FOR JUSTICE
STEVENS AT THE SUPREME COURT.
NOW A VISITING SCHOLAR AT
GEORGETOWN LAW SCHOOL.
INCLUDING IN HIGH-LEVEL
POSITIONS AT THE STATE
DEPARTMENT.
DEPARTMENT. MR. SLOANE, THANKS VERY MUCH FOR
JOINING US TONIGHT.
I APPRECIATE YOU MAKING TIME ON
SHORT NOTICE.
SHORT NOTICE. >> WELL, THANK YOU.
I APPRECIATE BEING HERE.
>> SO I KNOW THAT THIS IS JUST
BREAKING NEWS.
BREAKING NEWS. WE’RE ALL LEARNING THIS OVER THE
LAST FEW MINUTES, BUT GIVEN YOUR
EXPERIENCE WORKING CLOSELY WITH
JUSTICE STEVENS, YOUR EXPERIENCE
CLERKING FOR HIM, I JUST WANTED
TO ASK WHAT YOU CAN ADD TO OUR
UNDERSTANDING OF HIM AS A JURIST
AND AS -- AND AS A MAN, AS YOUR
EMPLOYER FOR THE TIME THAT YOU
SPENT IN HIS CHAMBERS.
>> WELL, LET ME START AS A
JURIST.
JURIST. AND HE IS TRULY ONE OF THE
GREATS.
GREATS. UNQUESTIONABLY ONE OF THE
GREATEST SUPREME COURT JUSTICES
WE EVER HAD.
HE WAS THE RULE OF LAW JUSTICE.
WHEN HE WAS FIRST PUT ON THE
FEDERAL BENCH, SOMEBODY
DESCRIBED HIM AS A JUDGE’S JUDGE
AND THAT WAS THE PERFECT
DESCRIPTION BECAUSE HE WAS THE
RULE OF LAW JUSTICE, WHETHER IT
WAS GUANTANAMO, AS LINDA
GREENHOUSE WAS JUST SAYING, AND
UPHOLDING THE LEGAL RIGHTS
THERE, WHETHER IT WAS IN HIS
MEMORABLE AND HISTORIC DISSENT
IN BUSH V. GORE OR IN HIS
DECISION IN THE PAULA JONES
VERSUS BILL CLINTON CASE, WHERE
HE SAID, AND IT WAS
CONTROVERSIAL AT THE TIME FOR
THE COURT, THAT THE LITIGATION
COULD PROCEED BECAUSE THE
PRESIDENT IS NOT ABOVE THE LAW.
HE ALWAYS STOOD FOR THE -- FOR
THE RULE OF LAW AND HE WAS NOT A
PREDICTABLE PLAYER.
PREDICTABLE PLAYER. WITH HIM ONE SAW THE SUPREME
COURT AT ITS BEST, WHICH IS THE
SUPREME COURT RISING ABOVE
PREDICTABLE POLITICAL
PREDICTABLE POLITICAL PARTISANSHIP, PREDICTABLE
PARTISANSHIP, PREDICTABLE POLITICAL SIDES AND STANDING FOR
THE MAJESTY OF THE LAW.
AND ONE COULD GO ON AND ON IN
DIFFERENT FIELDS OF LAW, BUT HIS
INFLUENCE ON THE LAW
TREMENDOUSLY CONSEQUENTIAL.
TREMENDOUSLY CONSEQUENTIAL. GAY RIGHTS, ABORTION, FREE
SPEECH ON THE INTERNET, JUST ON
AND ON AND ON.
HE HAD A -- SUCH A PROFOUND
IMPACT IN HIS 35 YEARS.
>> I KNOW THAT -- SORRY, GO
AHEAD, SIR.
AHEAD, SIR. >> I’M SORRY.
I WAS JUST GOING TO SAY, AS
GREAT AS HE WAS AS A JUSTICE, HE
WAS TRULY A VERY SPECIAL MAN.
HE WAS KIND AND GENTLE.
AND LET ME JUST GIVE YOU ONE
EXAMPLE.
EXAMPLE. AND, YOU KNOW, FOR HIS POWERFUL
LEGAL INSIGHT AND HIS INTELECT,
HE WAS THE MOST UNASSUMING GUY
AND HE WOULD LOVE TO TELL THE
STORY OF WHEN HE FIRST MOVED TO
WASHINGTON WHEN HE CAME ON THE
SUPREME COURT.
SUPREME COURT. HE WAS DOING THE THINGS THAT YOU
DO WHEN YOU MOVE TO A NEW CITY.
HE WAS OPENING A BANK ACCOUNT
AND THAT KIND OF THING.
HE’S FILLING OUT THE BANK
APPLICATION AND THERE IS A SPACE
FOR OCCUPATION, AND HE PUTS DOWN
JUSTICE AND THE BANK OFFICIAL
KIND OF SHRUGS AND SAYS, OKAY,
LAST WEEK I HAD A GUY WHO SAID
PEACE.
PEACE. HE LOVED THAT STORY.
AND THAT TELLS YOU A LOT ABOUT
HIM AS A PERSON.
>> LET ME JUST ASK YOU, CLIFF --
I KNOW THAT JUSTICE STEVENS,
LIKE A LOT OF SUPREME COURT
JUSTICES, AFTER THEY RETIRED
FROM THE BENCH OR EVEN WHILE
THEY’RE STILL ON THE BENCH FOR
OLDER JUSTICES, SORT OF PRESIDE
OVER A COMMUNITY OF CLERKS.
CLERKS WHO HAD SERVED WITH THEM
OVER THE YEARS, THEY STAY IN
TOUCH.
TOUCH. I KNOW THAT JUSTICE STEVENS WENT
OUT OF HIS WAY TO HOST HIS
CLERKS AND SEE PEOPLE
FREQUENTLY, RIGHT UP THROUGH
THIS YEAR.
THIS YEAR. I WONDER IF IN THAT COMMUNITY IF
HE EVER ENGAGED WITH HIS FORMER
CLERKS AND WITH HIS COLLEAGUES
ABOUT HIS DECISION TO MAINTAIN
THIS PUBLIC LIFE THAT HE DID
AFTER HIS RETIREMENT.
AS LINDA WAS SAYING, WRITING
MULTIPLE BOOKS, WRITING A BOOK
ABOUT SUGGESTED AMENDMENTS TO
THE CONSTITUTION, WRITE AN OP-ED
IN "THE NEW YORK TIMES" JUST
LAST YEAR IN WHICH HE SAID
PEOPLE LOOKING FOR GUN REFORM IN
THIS COUNTRY SHOULD SEEK A
REPEAL OF THE SECOND AMENDMENT.
HE MADE VERY POINTED COMMENTS
ABOUT PRESIDENT TRUMP AND HIS
NECESSITY IN FOLLOWING THE LAW
IN TERMS OF COMPLYING WITH
SUBPOENAS.
SUBPOENAS. HE REALLY STAYED AT THE
FOREFRONT OF A LOT OF VERY
CONTROVERSIAL PUBLIC ISSUES EVEN
AFTER HIS RETIREMENT.
I WONDER IF YOU EVER TALKED TO
HIM ABOUT THOSE MATTERS OR IF
YOU KNOW ANYTHING ABOUT WHETHER
HE WRESTLED WITH THAT AT ALL.
>> WELL, HE FELT VERY, VERY
STRONGLY ABOUT THESE LEGAL
ISSUES AND THESE PUBLIC ISSUES,
AND ANY TIME YOU TALKED TO HIM
HE WAS JUST BRIMMING WITH IDEAS
AND INSIGHTS.
AND INSIGHTS. AND HE ACTUALLY HAD A
GET-TOGETHER OF ALL OF HIS
FORMER CLERKS JUST THIS PAST MAY
TO CELEBRATE HIS 99th BIRTHDAY,
WHICH WAS IN APRIL, AND THE
PUBLICATION OF HIS WONDERFUL
MEMOIR ABOUT HIS ENTIRE LIFE,
INCLUDING IN DETAIL HIS TIME ON
THE COURT.
THE COURT. AND, YOU KNOW, RACHEL, TO YOUR
POINT, IT WAS VERY INTERESTING
BECAUSE AT THAT GATHERING THERE
WAS A QUESTION AND ANSWER
SESSION, AND ONE OF THE CLESHS
SAID
SAID CLERKS SAID, YOU KNOW, JUSTICE,
YOU CARE SO MUCH ABOUT THE RULE
OF LAW AND THE RULE OF LAW IS
UNDER SUCH ATTACK AND FACES SO
MANY CHALLENGES THESE DAYS AND
WHAT CAN WE DO?
HE LOOKED OUT AT ALL OF US AND
SAID, ALL YOU CAN DO IS DO YOUR
BEST EVERY DAY AND FIGHT AS HARD
AS YOU CAN.
AND I WANT TO SAY THAT WHILE WE
ARE ALL TOUCHED BY SADNESS THAT
WE HAVE LOST THIS GREAT AND
WONDERFUL MAN, WE ALSO WANT TO
CELEBRATE HIS LIFE, AND THE BEST
WAY OF HONORING HIM IS TO DO
EXACTLY WHAT HE SAID, WHICH IS
TO FIGHT EVERY DAY AS HARD AS WE
CAN FOR THE RULE OF LAW.
AND HE UNDERSTOOD DEEP TO HIS
BONES THAT THAT HAS NEVER BEEN
MORE IMPORTANT THAN IT IS TODAY.
AND SO I WOULD LIKE TO SUGGEST
THAT THE OCCASION OF HIS DEATH
IS AN OCCASION FOR CELEBRATING
THIS MAN’S WONDERFUL LIFE AND
HIS VALUES AND IT IS AN OCCASION
FOR ALL OF US TO REDOUBLE AND
RETRIPLE OUR EFFORTS TO FIGHT
FOR THE RULE OF LAW BECAUSE HE
FELT SO STRONGLY THAT THERE IS
NOTHING MORE IMPORTANT TO OUR
AMERICAN SYSTEM.
AMERICAN SYSTEM. AND, RACHEL, IN ANSWER TO YOUR
QUESTION, EVERY DAY IN EVERY
CONVERSATION HE THOUGHT ABOUT
THAT VERY, VERY MUCH AND CARED
ABOUT IT VERY DEEPLY.
>> CLIFF SLOAN, WHO WAS A CLERK
TO JUSTICE STEVENS AT THE
SUPREME COURT, NOW A VISITING
SCHOLAR AT GEORGETOWN LAW
SCHOOL.
SCHOOL. CLIFF, THANKS FOR MAKING TIME TO
JOIN US TONIGHT, GETTING TO THE
STUDIO AS WE GOT WORD OF JUSTICE
STEVENS’S PASSING TONIGHT.
I REALLY APPRECIATE YOU BEING
HERE.
HERE. >> THANK YOU, RACHEL.
>> BEFORE WE GOT WORD OF THE
PASSING OF FORMER JUSTICE JOHN
PAUL STEVENS, AGAIN, THAT
BREAKING NEWS, HE HAS PASSED
AWAY AT THE AGE OF 99.
HE LEAVES BEHIND HIM A COMMUNITY
OF FORMER CLERKS AND COLLEAGUES
SORT OF UNPARALLELED IN THE
JUDICIARY IN TERMS OF THE
RESPECT THAT PEOPLE HAD FOR HIM,
I THINK ACROSS THE IDEOLOGICAL
SPECTRUM, AND THE INTEGRITY WITH
WHICH HE WAS SEEN TO HAVE LIVED
HIS LIFE.