In Jeffrey Toobin’s March 22, 2010, New Yorker interview with Justice John Paul Stevens, the 89-year-old Ford appointee revealed (to no one’s surprise) that he was considering retirement within the next three years. When the time comes to fill that vacancy, it may be with an openly gay justice. According to a 60 Minutes/Vanity Fair poll for the upcoming May 2010 issue, 55% of Americans would support an openly gay Supreme Court justice. But considering that last month on February 8, 2010, Daniel Alter became the first openly gay male to be nominated for the federal bench, it would seem that the sitting president will not have a particularly large pool of gay federal judges to choose from.
Toobin’s interview with Justice Stevens is available at http://www.newyorker.com/reporting/2010/03/22/100322fa_fact_toobin
The 60 Minutes/Vanity Fair poll is available at http://www.vanityfair.com/magazine/2010/05/60-minutes-poll-201005
Senator Charles Schumer’s (D-NY) press release concerning Daniel Alter’s nomination to the federal bench is available at http://schumer.senate.gov/record.cfm?id=322146