[Suzanne Malveaux, Guest:] Happening now, two retirements with far-reaching implications. Supreme Court Justice John Paul Stevens announced he is stepping down, giving President Obama another chance to put his imprint on the highest court of the land. Also, Democratic Michigan Congressman Bart Stupak he's a favorite target of the Tea Party movement over support for health care reform. But what role did that play in deciding not to run again? Our CNN Congressional correspondent, Dana Bash, broke that story and she talks one-on-one with Stupak this hour. And Sarah Palin well, she is among the speakers today at a high profile gathering of Republicans seen as a preview of the 2012 race for the White House. Details of her speech and, not surprisingly, swipes at President Obama. Wolf Blitzer is off today. I'm Suzanne Malveaux. And you're in THE SITUATION ROOM. So this is the second time in less than a year that President Obama is facing a decision which likely is going to shape the United States for years, if not decades, after he leaves the White House. Supreme Court Justice John Paul Stevens is retiring after 35 years, as he approaches his 90th birthday in just a couple of weeks. Well, the president paid tribute to Stevens in the White House Rose Garden this afternoon and detailed some of the qualities that he's going to be looking for in a new justice.
[Barack Obama, President Of The United States:] While we cannot replace Justice Stevens' experience or wisdom, I will seek someone in the next couple of weeks with similar similar qualities an independent mind, a record of excellence and integrity, a fierce dedication to the rule of law and a keen understanding of how the law affects the daily lives of the American people.
[Malveaux:] Let's bring in our senior legal analyst, Jeffrey Toobin, to talk a little bit about what this all means Jeff, you know, he is such an interesting person to to look at. You have interviewed him numerous times, very recently, as a matter of fact. He's almost turning, what, 90 in a couple of weeks. He loves to play bridge and tennis. He's a very active man. He's got a beach house. I understand that he said some of his best writings he did his first drafts were right there on the beach, writing those briefs. What kind of absence what kind of hole is there going to be in the Supreme Court now that he is walking away?
[Jeffrey Toobin, Cnn Senior Legal Analyst:] It's a big one, because he is, by far, by 11 years, the longest tenured justice on the Supreme Court. He joined the court in 1975, appointed by President Ford. The next most senior justice is Antonin Scalia, who joined in 1986. So his range of experience is so different than the other justices. Also, as the senior associate justice, he had the opportunity to make assignments when the chief justice wasn't in the majority. So he controlled the majority in such important cases as "Lawrence v. Texas," which was the big gay rights case. In all of the Guantanamo Bay cases, which where he ruled against the Bush administration and and wrote several of those opinions himself. He supported affirmative action later in his career, in the University of Michigan Law School case and he wrote the most famous dissenting opinion in "Bush v. Gore" in 2000, which is probably the case he'd like to have back the most.
[Malveaux:] Now, one of the things that he was able to do that perhaps another justice is not going to be able to bring to the table, is he was able to go to those swing votes, to go to Sandra Day O'Connor she's now since retired but to go to her, to go to Kennedy and say, we want you to swing on this side, the liberal side, because he had seniority, because he knew how the Supreme Court works. How does President Obama replace someone like that? Can they can he appoint a justice who has those kind of qualities?
[Toobin:] Well, he can try, but the Supreme Court is such an unusual institution. It's so small and it so depends on the chemistry of just a handful of people. It's very hard to predict how they will interact among them. And one thing that President Obama has said is that he doesn't necessarily want to appoint only federal appeals court judges. You know, this is the first time in history that all nine justices are former federal appeals court judges. He Obama has said that he want to broaden his sights a little bit, look for politicians, look for professors, look for people who have had the experience of persuading others of their point of view, maybe in hopes of getting someone who could become a power broker on the Court.
[Malveaux:] All right, Jeffrey, we're going to get back to you. More more details, more information, your insights on this. But I first want to go to our senior political analyst, Gloria Borger. She is in New York. And David Gergen, who is in Boston. Obviously, this is a very big development. Not surprising. We knew this was coming Gloria, I do want to start with you, however, because we just saw it this this health occasion debate erupt in Washington. We heard the heated rhetoric, all kinds of different tactics that were used to get this to push through. The Republicans are just furious and and look like they could use delaying tactics, the filibuster, in this confirmation process the next go around. How does this play out in Congress? What are we looking at over the summer?
[Gloria Borger, Cnn Senior Political Analyst:] Well, there there are a couple of things that are really interesting. First of all, I talked to a senator Republican leadership aide today who says, look, unless this person is at the far end of the left spectrum, it doesn't seem likely that a filibuster could occur because even if Republicans were united, they could lose a couple of the moderates and then have to get Democrats to join them and that probably wouldn't happen. But you raise health care and you raise the Tea Party issue and the interesting thing to me, as a political journalist, watching this is, we haven't seen the impact of the Tea Party movement on a Supreme Court nominee. Will the issues that people in the Senate feel very pressured to look at be the issues of, for example, the Constitutionality of health care reform, the issues of eminent domain can the government take your land away from you, any issues at all that are related to the size and the scope of government? And will Republicans in the Senate feel very pressured to raise those issues and take a stand and take a stand and mount a very vigorous campaign against this candidate, no matter who it is, even if they know that they're going to lose?
[Malveaux:] And, David, what do you think we're seeing? I mean is is that going to develop into some sort of cultural war over the summer, when we actually see some of those issues that Gloria brought up out in the open and a fiercely, fiercely divided Congress?
[David Gergen, Cnn Senior Political Analyst, Former Presidential Adviser:] I think we are likely to see those issues. The Tea Party folks have made it clear that one of the three big issues in their minds is Constitutionally limited government. And by that, they they do mean, as Gloria suggested, that Washington has has centralized too much power, overcoming the influence of the Tenth Amendment, leaving, you know, un undelegated powers in the hands of the states. But I don't think it's likely to be a fierce fight, unless they do go and and and find someone who's very compatible to the left. And the three candidates who are now on the we know are on a short list, I don't think you could say any one of those three is going to set off those kind of explosions. I think there are going to be some fights. There will be controversy. But I think President Obama's in the unusual position where he may get two nominees onto the court in his first two years. And that will be remarkable for a president to do that. And I think he's likely to win on both.
[Malveaux:] Jeff, real quick, if I can ask you, what kind of legacy does this allow President Obama, when he is able to pick a second person? Obviously, Stevens likes President Obama. He said in his letter, "Dear my dear Mr. President," when he addressed him. What kind of gift is he giving President Obama?
[Toobin:] Well, they are both from Chicago and proud of it. He's giving him the chance to shape the court for decades. You know, President Obama will serve for four years or eight years. John Paul Stevens will had served for 35 years. Elena Kagan, the solicitor general, is one of the obvious shortlisters.
[Malveaux:] OK...
[Toobin:] She's only 49 years old. She could serve for 35 years. That opportunity is just a treasure for any president.
[Malveaux:] All right. And we're going to bring more about the details of some of those possible candidates next up. But I want to thank all three of you for joining us. We'll be back with you in a little bit. And a surprise announcement that caught almost everyone off guard. Now, this is Democratic Congressman Bart Stupak, revealing that he is not going to seek re-election. And he explains why to CNN's Congressional correspondent, Dana Bash. Now, she broke the story and she's going to have more on that in just a bit. Also, Sarah Palin is letting loose on President Obama, accusing him of coddling enemies and alienating allies. Details of her high profile speech, a possible preview of the 2012 presidential race. We'll have to see. And new trouble for a Mideast diplomat who caused an airline bomb scare. Now he's having trouble getting home.