Of course, Stevens still has time to hire, and there would be no shortage of brilliant recent law grads eager to fill those spots. But traditionally, that hiring his done more than a year in advance.

If Stevens were to retire, it would likely not fundamentally alter the ideological dynamic on the court, since President Obama would be able to choose his replacement. Still, Justice Stevens, as the most senior judge on the court, commands a level of respect and authority over court procedures that a new justice would not easily be able to replace.

Brownback joins Sens. Pat Roberts (R-Kans.) and James Inhofe (R-Okla.) in an anti-Sotomayor Dust Bowl trio.

“Judge Sotomayor has indicated through past rulings and in her writings that she believes the judiciary should take an activist role and make laws, instead of upholding the law,” Brownback said on the Senate floor yesterday, echoing the concerns of several of his Republican colleagues. “As Chief Justice [John] Roberts said, a justice should be an impartial umpire, not a player in the game. I am afraid Judge Sotomayor wants to be more of a player than an umpire.”

Brownback is not seeking a third term in the Senate, but has filed paperwork that lays the groundwork for a run to replace Health and Human Services Secretary Kathleen Sebelius as governor of Kansas. A vote against a perceived liberal nominee will probably only help him in his solidly red state.