« Condi Rice on Her Torture Role: "If the President Authorizes It, It Isn't Illegal" (Video) | astral66's Blog | Souter's Replacement: The Short List »

NPR: Supreme Court Justice Souter to Retire


Looks like Obama will be making a Supreme Court pick. NPR is reporting:

NPR has learned that Supreme Court Justice David Souter is planning to retire at the end of the court's current term.

The court has completed hearing oral arguments for the year and will be issuing rulings and opinions until the end of June.

Souter is expected to remain on the bench until a successor has been chosen and confirmed, which may or may not be accomplished before the court reconvenes in October.

At 69, Souter is nowhere near the oldest member of the court, but he has made clear to friends for some time now that he wanted to leave Washington, a city he has never liked, and to return to his native New Hampshire.

Now, according to reliable sources he has decided to take the plunge and has informed the White House of his decision.

Any guesses on who will be on the short list? The article surmises:

Souter's retirement would give President Obama his first appointment to the high court, and most observers expect that he will appoint a woman.

The court currently has one female justice -- Ruth Bader Ginsburg, who is recovering from cancer surgery.

Tom Goldstein of SCOTUSBLOG has this list:

The three obvious candidates are Elena Kagan (SG), Sonia Sotomayor (CA2), and Diane Wood (CA7). The sleeper candidate is Michigan Governor Jennifer Granholm.

All four were born between 1950 and 1960. Diane Wood is the most respected as a judge. But she is the oldest (born 1950), and as a consequence a seat this summer would likely be her one shot. Kagan and Granholm have the advantage of being the youngest (born in 1960 and 1959, respectively). Granholm has experience dealing with legislatures and actually representing people, as well as law enforcement experience as the state's attorney general. Sonia Sotomayor has the advantage that she would be the first Hispanic nominee to the Court; she also served as a trial judge. She and Judge Wood have the longest written track record, but not one that would present any obstacle to confirmation with this Senate.

The whole post is pretty in-depth and is a good read. By the way, am I the only one breathing a huge sigh of relief that John McCain isn't making the choice?

A little bit of background info on David Souter from wikipedia:

David Hackett Souter (pronounced /ˈsuːtər/; born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. He filled the seat vacated by William J. Brennan.

Appointed to the Court by Republican President George H. W. Bush, he usually votes with the more liberal wing on the Roberts court. He currently ranks fourth in seniority among the Associate Justices.

*****

At the time of Souter's appointment, John Sununu assured President Bush and conservatives that Souter would be a "home run" for conservatism.[5] In his testimony before the Senate, Souter espoused the concepts of originalism (as Bork had) and was thus thought by conservatives to be a strict constructionist on Constitutional matters.[5] However, as a state's attorney and state Supreme Court judge, he had never been tested on matters of federal law.[3]

Initially, from 1990 to 1993, Souter tended to be a conservative-leaning Justice, although not as conservative as Antonin Scalia, Clarence Thomas, or William Rehnquist.[original research?] In Souter's first year, Souter and Scalia voted alike close to 85 percent of the time; Souter voted with Kennedy and O'Connor about 97 percent of the time. The symbolic turning point came in two cases in 1992, Planned Parenthood v. Casey,[5] in which the Court reaffirmed the essential holding in Roe v. Wade, and Lee v. Weisman, in which Souter voted against allowing prayer at a high school graduation ceremony. In Planned Parenthood v. Casey, Anthony Kennedy considered overturning Roe and upholding all the restrictions at issue in Casey. Souter considered upholding all the restrictions but still was uneasy about overturning Roe. After consulting with O'Connor, however, the three (who came to be known as the "troika") developed a joint opinion that upheld all the restrictions in the Casey case except for the mandatory notification of a husband while asserting the essential holding of Roe, that a right to an abortion is protected by the Constitution.

*****

In 1992's Planned Parenthood v. Casey, Souter wrote that Roe v. Wade should not be overturned because it would be "a surrender to political pressure... So to overrule under fire in the absence of the most compelling reason to re-examine a watershed decision would subvert the Court's legitimacy beyond any serious question."

*****

Bush v. Gore

In 2000, Souter voted and dissented along with the three other justices in Bush vs. Gore to allow the presidential election recount to continue while the majority voted to end the recount based on the rule of law, making Bush the president.

Jeffrey Toobin wrote of Souter's reaction to Bush v. Gore in his 2007 book The Nine:

"Toughened, or coarsened, by the their worldly lives, the other dissenters could shrug and move on, but Souter couldn't. His whole life was being a judge. He came from a tradition where the independence of the judiciary was the foundation of the rule of law. And Souter believed Bush v. Gore mocked that tradition. His colleagues' actions were so transparently, so crudely partisan that Souter thought he might not be able to serve with them anymore. Souter seriously considered resigning. For many months, it was not at all clear whether he would remain as a justice. That the Court met in a city he loathed made the decision even harder. At the urging of a handful of close friends, he decided to stay on, but his attitude toward the Court was never the same. There were times when David Souter thought of Bush v. Gore and wept."

Thank you for your service Justice Souter!

 


Leave a comment

astral66

user-pic

Following: 55
Followers: 57

Posts
Comments & Recommends


Favorites

All Reader Posts
How to use myTPM

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address