SUPREME COURT JUSTICE DAVID SOUTER TO RETIRE

"Gavel" by walknboston, used pursuant to CC license

by Damozel | Souter?  Really? He's only 69 years old.  The New York Times reports:

Justice Souter, who was appointed in 1990 by a Republican president, the first George Bush, but became one of the most reliable members of the court’s liberal wing, has grown increasingly sour on Washington and intends to return to his home state, New Hampshire, according to the people briefed on his plans. One officials said the decision might be announced as early as Friday.

So it's Obama's first chance to begin to influence policy, people keep saying -- but it would be better if it were someone else:

The departure will open the first seat for a Democratic president to fill in 15 years and could prove a test of Mr. Obama’s plans for reshaping the nation’s judiciary. Confirmation battles for the Supreme Court in recent years have proved to be intensely partisan and divisive moments in Washington, but Mr. Obama has more leeway than his predecessors because his party holds such a strong majority in the Senate.

Replacing Justice Souter with a liberal would not change the basic makeup of the court, where he and three other justices hold down the left wing against a conservative caucus of four justices. Justice Anthony Kennedy, a moderate Republican appointee, often provides the swing vote that controls important decisions.  (NYT)

Jonathan Turley writes:

The announcement comes as a complete surprise because...Souter is one of the younger members of the Court and was not expected to retire before John Paul Stevens or Ruth Bader Ginsburg. He is twenty years younger than Stevens, who appears intent on remaining on the Court at least for the rest of this term....

The nominee sweepstakes will now begin. One interesting prospect would be Diane Wood, who serves on the United States Court of Appeals for the Seventh Circuit in Chicago and taught at the University of Chicago when Obama was on the faculty. Wood would be a nod to Obama’s Chicago roots and would add a second woman to the Court. She would also present a relatively easy confirmation.

The loss of Souter will be felt by Court watchers. I was once asked who I would keep on the Court if I had my druthers. I mentioned Souter because he was one of the few members who did not believe that he was anointed rather than appointed to the Court. Souter is a remarkably self-effacing and gentle person. He is universally liked by the other justices and Court staff. I particularly appreciated that, unlike some of his colleagues, Souter never sought public acclaim or attention. He worked very hard at getting decisions right. While he was more liberal than many Republicans wanted, he was not as predictable as some on the Court. He remained more of a jurist than a purist in his decision; trying to resolve issues without ideological flourishes or grandstanding.

Turley ends his comment with the following anecdote:

There is a very funny story about how Souter and Justice Breyer were routinely confused for one another. It was…a running joke at the Court that outsiders frequently mistook Souter and Breyer for each other. On one trip back to New Hampshire, a couple went up to Souter at a roadside dinner and mistook him for Breyer. Souter went along rather than embarrass them and correct. He was then asked, “Justice Breyer, what’s the best thing about being on the Supreme Court?” He reportedly thought deeply and responded, “Well, I’d have to say it’s the privilege of serving with David Souter.”

Hilzoy also 'fesses up to "a soft spot" for the departing Justice "who struck me as a sweet, shy guy who would rather have stayed in New Hampshire had he not had a sense of duty."

Alex Koppelman remarks:

President Obama's choice to replace Souter will go unopposed. Because of Democratic dominance in the Senate, it's likely that the actual confirmation vote will be fairly easy, unless Republicans decide to break with their previous stance on using the filibuster of judicial nominees. But even if they can't do anything to block the nominee, they can certainly muster quite a bit of opposition, especially if whoever Obama picks has a paper trail on hot-button issues for the right like abortion or gun control.

Chris Bowers says:  "If John McCain had been able to appoint Souder's replacement, it almost certainly would have tipped the court against, among many other things, Roe vs. Wade." 

Whoever Obama picks will be better than what we could've had.

Kevin Drum:  "[I]t'll give conservative activists another thing to go bananas over now that the tea parties have run out of steam.  That should be entertaining."

Wonkette:  "Now Barack Obama can put Bill Ayers on the bench, as has been his plan since he was conceived in a Kenyan labratory ostrich egg in 1961."

More at Memeorandum.....

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