April 30, 2009
Souter Will Resign
From the NYT:
"Justice David H. Souter has indicated that he plans to retire at the end of the term in June, giving President Obama his first appointment to the Supreme Court, three people informed about the decision said Thursday night.
Justice Souter, who was appointed by a Republican president, George H. W. 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. His decision was first reported by National Public Radio.
The decision opens 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.
Two friends of Justice Souter, 69, said Thursday night that he had often spoken privately of his intentions to be the court's first retirement if Mr. Obama won the election last fall. He has told friends that he looked forward to returning to his native New Hampshire while he was still able to enjoy climbing mountains and other outdoor activities.
Replacing Justice Souter with a liberal would not change the basic breakdown on 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."
I've always had a soft spot for Justice Souter, who struck me as a sweet, shy guy who would rather have stayed in New Hampshire had he not had a sense of duty. May he have a wonderful retirement, many happy trips up and down mountains, and a long series of glorious New England autumns.
—Hilzoy 11:53 PM
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Okay. Something else for Pres Obama to think about. While this is a good thing, I wonder if he ever looks out the windows of the White House and wonders "What the hell is next?"
Posted by: Keith G. on May 1, 2009 at 12:08 AM | PERMALINK
Keith, I bet he gets off on the challenge. They always say that Presidents want crises.
Posted by: Jack B. Nimble on May 1, 2009 at 12:11 AM | PERMALINK
Jack B. Nimble: "They always say that Presidents want crises. "
A SC appointment isn't quite a "crisis," to me.
Also, Obama has nearly a dozen topics that rise to that level, imo -- not counting whatever Fortune next decides to throw at the US with or without the crisis midwifery of Bush.
Posted by: riffle on May 1, 2009 at 12:31 AM | PERMALINK
i had a soft spot for souter, too. one of the first songs parodies i ever wrote for premiere radio networks was to the tune of the archies' "sugar, sugar" titled "souter, souter."
Posted by: skippy on May 1, 2009 at 12:36 AM | PERMALINK
I will miss Souter.
The anticipation of a new appointment reminds me of Bush's nomination of Harriet Miers.
What an idiot.
Posted by: coral on May 1, 2009 at 12:46 AM | PERMALINK
May Souter have a happy retirement, and may he finally have the courage to come out of the closet. It might make Lewis Powell's ghost happier too.
Posted by: captcrisis on May 1, 2009 at 12:48 AM | PERMALINK
coral: it reminds me of the fight over Bork.
The Best Song Ever about the Bork fight is here:
http://new.music.yahoo.com/sweet-honey-in-the-rock/tracks/our-side-won--840318
Posted by: hilzoy on May 1, 2009 at 12:54 AM | PERMALINK
O.K., I'll start it. For the next Supreme Court Justice, I give you Bill Clinton.
What say you conservatives?
Posted by: Tom on May 1, 2009 at 1:17 AM | PERMALINK
First Arlen Specter switches parties and then David Souter announces his retirement. The Republicans have Obama on the run.
Posted by: Ross Best on May 1, 2009 at 1:27 AM | PERMALINK
I would have thought that this would be a relatively easy one for Obama.
For one thing, his team would have known going in that there would almost certainly be a SC appointment or two coming up at some stage. There must already be a list in the drawer.
For another, Obama himself taught constitutional law, so this is squarely within his field of expertise.
For another, he's now got 59 Democrats in the Senate, and might have 60 reasonably soon.
How hard can it be?
Posted by: Robert Merkel on May 1, 2009 at 1:50 AM | PERMALINK
@Robert Merkel
Famous last words
Posted by: qualityreality on May 1, 2009 at 2:13 AM | PERMALINK
I submit Glenn Greenwald and Jonathan Turley for consideration and support.
Posted by: Heimyankel on May 1, 2009 at 2:32 AM | PERMALINK
It's a testament to how utterly far right SCOTUS is that not only is Souter considered a "liberal" but that progressives are teary-eyed nostalgic about him retiring.
Obama is POTUS now -- let's shake off the battered spouse syndrome.
Posted by: Disputo on May 1, 2009 at 2:47 AM | PERMALINK
This will prove rather interesting given Senator Specter's decision to switch parties. Let's see how committed a Democrat he is when President Obama's replacement pick hits the Judiciary Committee. Granted, with his party switch, he'll no longer be raking member, that should go to Orrin Hatch, but he'll still have a chance to question the nominee and vote.
I too liked Souter, in part because he greatly exceeded my expectations. I wish him well in retirement. However, at 70 he has only another 20 years on the Bench (lol). Seriously, it will give the President a chance to appoint someone younger and build a longer-lasting liberal base.
Bob
Posted by: bobreply on May 1, 2009 at 6:32 AM | PERMALINK
I imagine the Repubs will filibuster anyone to the left of Antonin Scalia and claim (s)he's a radical liberal socialist. I hope we get someone good.
There's still Stevens, who's 89, and a few others who're getting up there.
Posted by: Jurgan on May 1, 2009 at 6:45 AM | PERMALINK
May Souter have a happy retirement, and may he finally have the courage to come out of the closet.
Coming soon to a courthouse near him in NH: Equal marriage!
Posted by: shortstop on May 1, 2009 at 8:55 AM | PERMALINK
Hilzoy,
Your last sentence is just plain lovely. What a beautiful image to have of Souter in his retirement, a hope for contentment, beauty, and harmony.
I love reading your posts. Thanks for writing so we can all enjoy it.
Posted by: mc on May 1, 2009 at 9:35 AM | PERMALINK
As a NH native who's been on many of those lakes and mountains, I wish David Souter many years of enjoying the natural beauty of our home state.
I also wish President Obama's next nominee a good 45 years on the bench, shoring up the liberal wing for generations.
Posted by: Tree on May 1, 2009 at 10:45 AM | PERMALINK
Climate changes are having a terrible impact on NH, including our lovely autumns.
Posted by: zhak on May 1, 2009 at 12:08 PM | PERMALINK
I too wish (soon-to-be Senior) Justice Souter a happy retirement. I had the pleasure of meeting (technically, it was interviewing with) him when he was newly appointed to the First Circuit. He seemed very nice, and frighteningly intelligent. I hope that he gets to enjoy many years working as a senior judge on the 1st Circuit, if that is what he wants.
Posted by: Marc in Denver on May 1, 2009 at 2:21 PM | PERMALINK