It's still Ralph Nader's fault

In the midst of surprisingly blunt criticism of the death penaly, Justice John Paul Stevens reminded the audience -- a gathering of the American Bar Association -- of just how high the stakes were in losing the last two presidential elections.

He said the jury selection process and the fact that many trial judges are elected also work against accused murderers. He also said that jurors might be improperly swayed by victim-impact statements.

Stevens, named to the high court by President Ford in 1975, is one of the most liberal justices.

In recent years he has been influential in votes that barred states from executing mentally retarded killers and those who were juveniles when they committed their crimes.

The Supreme Court frequently splits 5-4 in capital cases, and often O'Connor is the pivotal vote.

O'Connor, 75, announced last month that she was retiring, and Stevens told lawyers that her departure was "sad news for me."

"It's really a very, very wrenching experience," he said.

President Bush has nominated as her successor appeals court judge John Roberts, a former lawyer in the Reagan and first Bush administration who would likely make the court more conservative.