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Retirement could be ment named by Democratic President Clinton than by -a on docket possibly Republican successor to Clinton in the year 2001. And if that assumption is cor- rect, some think this would be By Tony Mauro the best year for Stevens to re- USA TODAY tire, before presidential poli- tics and Clinton's scandal- WASHINGTON - Supreme Court Justice John Paul Ste- weakened state make naming vens is a chipper 78-year-old a replacement more difficult. who often flies to his condo- Arguing against the rumors, however, is the strong tradition minium in Florida to squeeze in games of tennis and bridge of justices remaining on the bench as long as possible, until between court cases. He has said nothing to en- failing health makes retire- courage rumors that he is ment necessary. "Justice Stevens still seems thinking of retiring, and has hired law clerks for the fall very vigorous physically and in his analysis," says Washington, term that begins Oct. 5. Yet the rumors persist that D.C., lawyer Theodore Bou- trous Jr. "Everything seems to today, the last day of the cur- suggest he will keep on going." rent term, Stevens may an- nounce his retirement after 23 But if Stevens does leave, it is clear that Clinton will be un- years on the high court. If he does, the Washington, der heavy pressure to name a D.C., rumor mill has already Hispanic to fill the vacancy. produced a small list of possi- Hispanics twice have been ble replacements for Stevens, passed over by Clinton - in 1993 with the nomination of including two federal appeals judges who would be firsts if Ruth Bader Ginsburg, and in named to the Supreme Court: 1994 with Stephen Breyer. If Clinton has another vacan- Jose Cabranes of Connect- icut, who would be the first His- cy to fill, possibly the last of his panic justice in history. presidency, the lobbying to ap- David Tatel of Washing- point a Hispanic will escalate. Cabranes, 57, was born in ton, D.C., who is blind and would be the first justice ap- Puerto Rico and is a respected member of the U.S. Court of pointed with such a disability. The Stevens retirement ru- Appeals for the Second Circuit. If Clinton heads in another mors seem fueled by the na- direction, one name that is tional political calendar. mentioned is that of Tatel, 56, a Stevens was appointed to the high court by Republican Pres- former civil rights lawyer who has been an appeals judge ident Ford, but many court- since 1994. He has been blind. watchers who appraise him as a moderate guess that Stevens from a degenerative eye dis- would rather have his replace- ease for 24 years. Rulings expected today on harassment, 3 strikes' WASHINGTON - The Su- ment of two city lifeguards by preme Court wraps up its cur- supervisors even though anoth- rent term todav with the ex- er supervisor knew of the mis- pected release of decisions on conduct. sexual harassment and Califor- In the other case, Burlington nia's "three-strikes" law. Industries employee Kimberly Just three of the 91 cases the Ellerth wants to hold the com- court has considered this term pany liable, even though her remain undecided. The court refusal to submit to a supervi- occasionally extends a case sor's advances did not result in into the next term to be re- any adverse treatment. argued, but usually issues rul- The third case involves an ings in all the cases it has heard aspect of California's 1994 law since the beginning of the term that requires extra imprison- in October. The court will re- ment for a third felony convic- cess until Oct. 5. tion. The law also allows the Two of the remaining cases doubling of a sentence for a could have major impacts on second felony offense. A drug sexual harassment in the work- defendant claims that the law place. In one, the city of Boca amounts to unconstitutional Raton, Fla. argues it should not "double jeopardy" by punishing be held liable for the harass- him twice for the first crime. USA TODAY FRIDAY, JUNE 26, 1998