David Souter to step down from Supreme Court

[Blue387]

Source:
http://www.npr.org/templates/story/story.php?storyId=103694193


NPR.org, April 30, 2009 · NPR has learned that Supreme Court Justice David Souter is planning to retire at the end of the current court term.

The vacancy will give President Obama his first chance to name a member of the high court and begin to shape its future direction.

At 69, Souter is nowhere near the oldest member of the court. In fact, he is in the younger half of the court's age range, with five justices older and just three younger. So far as anyone knows, he is in good health. But he has made clear to friends for some time that he wanted to leave Washington, a city he has never liked, and 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.

Factors in his decision no doubt include the election of President Obama, who would be more likely to appoint a successor attuned to the principles Souter has followed as a moderate-to-liberal member of the court's more liberal bloc over the past two decades...

Souter was a Republican appointed by President George H.W. Bush in 1990, largely on the recommendation of New Hampshire's former Gov. John Sununu, who had become the first President Bush's chief of staff.

But Souter surprised Bush and other Republicans by joining the court's more liberal wing.

He generally votes with Stevens and the two justices who were appointed by President Bill Clinton — making up the bloc of four more liberal members of the court, a group that has usually been in the minority throughout Souter's tenure.

As a center-left/liberal Democrat, I personally like Kathleen Sullivan to replace Souter. She's highly qualified - former dean of Stanford Law School and literally wrote a constitutional law textbook. The balance on the court won't change much and I would like to see a highly qualified liberal to balance out the four conservative horsemen. She would face opposition, from her lack of experience as a jurist (although she has argued before SCOTUS apparently) and her ties to the ACLU (longtime member of the ACLU National Advisory Board) and her ****** orientation as she is a lesbian. What convinced me was her lecture on Youtube embedded below.

Bio: http://en.wikipedia.org/wiki/Kathleen_Sullivan
Stanford Law biography: http://www.law.stanford.edu/directory/profile/57/

Sullivan lecture on ****** Orientation Law: http://www.youtube.com/watch?v=i0vK5yXftSM&NR=1

[Ordie]

Wow.....

I'm shocked

I wonder what MP.net "Legal Beagles" and "Sea Lawyers" think about this.

[tennesseedave]

I just heard on the radio that he said he loved the job but hates DC. He wants to return to his homestate of New Hampshire and enjoy retirement. Who can blame him for that?

[Supplanter]

This is a slightly off topic question but is does relate to retirement. What do you Americans think of the no mandatory retirement age in the SCOTUS? Here in Canada all judges retire at 75.

[Jobu]

Texas needs to hurry up and secede so I can get out of this increasingly leftist country. I suspect Obama's nominee will make Ginsburg look like Rehnquist.

;)

[tennesseedave]

I think that is a legitimate question. Souter is 69 and there are 5 justices older than him, with Stevens being 89. It's a constitutional issue and an amendment would have to made, so I don't see it happening.

[Stainless Steel Rat]

Well, Souter (appointed by Bush the Elder), tended to vote with the "liberal" wing of the Court, so I doubt there will be a fundamental shift in the Court's decisions in the near future.

I think it is likely we'll see some others who are considered 'liberal' retire (especially John Pauil Stevens who is 89), which will allow a Democratic President to appoint younger Justices to help shape the court the Dems liking. As of now, 7 of the nine justices were appointed by Republicans (Ford 1, Reagan 2, Elder Bush 2, Clinton 2, Younger Bush 2).

Right now the ages (I may be off by a year or so) are:

"Conservative"

Scalia--73
Thomas--60
Alioto--59
Roberts--54

"Liberal"

Stevens--89
Ginsburg--76
Breyer--70
Souter--69

"Center"

Kennedy--72


The real fuss will start if one or more of the "Conservative" justices, either for health or other reasons, decides to leave the court in the 4-8 years that Obama is President. THAT would cause a stir in the Conservative ranks.

We shall see. NPR was reporting that Obama may be considering appointing a second woman to the Court.

[Ordie]

Left liberals are more happy that Bush is out of office than Obama in office. Given Obama's past as a Law Professor, I don't doubt his pick would be more academic with deference towards the Constitution than appealing to wedge issues.

Given Obama 100 days, Sen. Spector swithing parties, and the retirement, I'm looking forward in watching Sunday AM tv talk shows.

[commanding]

Texas needs to hurry up and secede so I can get out of this increasingly leftist country. I suspect Obama's nominee will make Ginsburg look like Rehnquist.

;)

jobu, why do you think people here are stockpiling ammo, guns and food? :) I bet Hillary would love to be a SC justice.

[California Joe]

I think some of these jokers stay on the court way past due because they enjoy the power.

[Blue387]

Texas needs to hurry up and secede so I can get out of this increasingly leftist country.

I’m sure that could be arranged. Still bitter that McCain lost?

Leftist? Obama may be a liberal Democrat but he's a capitalist. Why then is Obama propping up the banks with billions of our tax dollars or have insider people like Tim Geitner as treasury secretary? If he were really a socialist he'd nationalize Citibank and Chrysler and have the feds run it.

[wildcat]

I will be very interested in who will replace, if it will be a some ultra ultra constitutionally hating judge or some semi moderate liberal judge.

[Lusitania]

I’m sure that could be arranged. Still bitter that McCain lost?

Leftist? Obama may be a liberal Democrat but he's a capitalist. Why then is Obama propping up the banks with billions of our tax dollars or have insider people like Tim Geitner as treasury secretary? If he were really a socialist he'd nationalize Citibank and Chrysler and have the feds run it.

A strawman argument I am afraid my friend, and your last sentence is something of a non sequitur. No one in this thread said that Obama was socialist, they simply stated that the country was becoming "increasingly leftist," so in short, you created your own argument and then passed the burden of proof onto someone else in a strawman argument. I didn't actually think that was possible, but you did it.

[Eknytz]

I bet Hillary would love to be a SC justice.
Don't make me throw up.

[Chulo]

Leftist? Obama may be a liberal Democrat but he's a capitalist. Why then is Obama propping up the banks with billions of our tax dollars or have insider people like Tim Geitner as treasury secretary? If he were really a socialist he'd nationalize Citibank and Chrysler and have the feds run it.
hummm.. yea.. and now who owns those banks and companies? Who has given the capital? who has dictated who is fired and who is hired? Who is developing the corporate structure and has taken over the assets and stock?

[plato]

hummm.. yea.. and now who owns those banks and companies? Who has given the capital? who has dictated who is fired and who is hired? Who is developing the corporate structure and has taken over the assets and stock?
hummm..yea...and did anyone point a gun at these capitalists' heads, and forced them to be owned? dictated upon? On the contrary, they forced the government to take over! Obama just happened to be one of the main guy in the government. It would be the same thing with or without Obama.

[Chulo]

hummm..yea...and did anyone point a gun at these capitalists' heads, and forced them to be owned? dictated upon? On the contrary, they forced the government to take over! Obama just happened to be one of the main guy in the government. It would be the same thing with or without Obama.
its getting off topic now.. But then so are you saying the system is starting to become socialist?

[plato]

its getting off topic now.. But then so are you saying the system is starting to become socialist?It depends on what is your definition. US has NEVER been a true capitalistic country. So, if your definition of socialist is anything less than capitalistic, then we have always been a socialist country. Almost ALL of our allies are more socialistic than us.

[acosta]

being a lesbian is just fine, for such a postion in supreme.

we just have obama, historically the first black chief of this country, do we need slow down, for a balance of "all suprises"?

[Blue387]

I have the perfect Supreme Court justice.

Two words: Denny Crane.

[khaz]

Leftist? Obama may be a liberal Democrat but he's a capitalist. Why then is Obama propping up the banks with billions of our tax dollars or have insider people like Tim Geitner as treasury secretary? If he were really a socialist he'd nationalize Citibank and Chrysler and have the feds run it.


obama is not propping up the banks, he has seized control of them with the tarp money and his refusal to allow them to pay it back so that he keeps control, he has also nationalized chrysler, he along with his uaw allies now control the company without the uaw paying any money for thier stake.

obama is a marxist he just hides as a socialist.

[acosta]

if you are in charge, there come the word iMcCarthyism


Leftist? Obama may be a liberal Democrat but he's a capitalist. Why then is Obama propping up the banks with billions of our tax dollars or have insider people like Tim Geitner as treasury secretary? If he were really a socialist he'd nationalize Citibank and Chrysler and have the feds run it.


obama is not propping up the banks, he has seized control of them with the tarp money and his refusal to allow them to pay it back so that he keeps control, he has also nationalized chrysler, he along with his uaw allies now control the company without the uaw paying any money for thier stake.

obama is a marxist he just hides as a socialist.