When John Paul Stevens was nominated to the Supreme Court in the 1970s, he steeled himself for a bombshell from his past as a Seventh Circuit judge. There, he’d authored a dissent that claimed it was legal to prevent married women from becoming flight attendants at United Airlines. That conservative stance infuriated members of the women’s movement and worried Stevens’s supporters, who warned him to be ready to explain his seemingly retro opinion during a time of increasing civil rights for women.
Was Stevens too conservative for the Supreme Court of a society that had veered sharply to the left?
As it turned out, the judge wasn’t questioned about the dissent during his confirmation hearings. And those who worried he’d push the Supreme Court too far to the right were in for a surprise. Appointed by a Republican president, the Associate Justice got off to a conservative start. But, perhaps more so than any modern Supreme Court justice, Stevens embodied change. As the third-longest-serving member of the Supreme Court, he revised his own views on many of the nation’s most pressing issues.
At the beginning of his Supreme Court career, he upheld the Second Amendment, the death penalty and railed against affirmative action. By the end, he had done an about-face on all three. His most influential majority opinions decriminalized homosexual activity and paved the way for gay marriage (Lawrence v. Texas), upheld the separation of church and state (Wallace v. Jaffree) and affirmed the legal rights of Guantanamo Bay detainees (Rasul v. Bush_)._ He even signed on to the Court’s controversial affirmation of a woman’s right to an abortion in Planned Parenthood v. Casey.
He also made a name for himself through his vigorous dissents—often solitary—against conservative victories like Bush v. Gore, which settled the 2000 presidential election in Bush’s favor, and Citizens United v. FEC, which prohibited the government from limiting independent political expenditures on behalf of political campaigns. After his retirement, he called for a repeal of the Second Amendment, calling its premise “a relic of the 18th century.”
The more conservative the Supreme Court got, fueled by changes in the Republican Party, the more liberal Stevens became.