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Thursday, April 30, 2009

Supreme Court Justice David Souter To Retire

Posted by on Thu, Apr 30, 2009 at 7:46 PM

You gotta imagine that Obama is actually kinda thrilled he gets to choose a new Supreme Court nominee so soon. He's a former constitutional law professor. This is his thing! NPR's Supreme Court reporter extraordinaire Nina Totenberg breaks the news.

 

Comments (35) RSS

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1
Damn. One of the libs.
Posted by Too Bad on April 30, 2009 at 8:01 PM
2
Dawn Johnsen. Drop her nomination at OLC and go for the Gold. This will really give them something to whine about.
Posted by Cranky Old Man on April 30, 2009 at 8:02 PM
3
I agree with 1. We're not going to pick anything up here, and could even lose out a little if he goes too centrist. Let's hope they start dropping like flies. Arlen Specter, thank you; Antonin Scalia, may I pour you another six fingers of whisky with that steak?
Posted by Fnarf on April 30, 2009 at 8:05 PM
4
@1, 3 - Souter is almost 70. As long as Obama replaces him with someone reasonably liberal and significantly younger, it's definitely a win. The conservatives on the court are going to hold on like grim death while Obama is in office. Souter never recovered from Bush v. Gore, thank God he had the sense to wait until Bush was out of office to leave, he's been wanting out of there for 8 years.
Posted by Anthony Hecht on April 30, 2009 at 8:20 PM
5
When John Paul Stevens dies/retires (whichever comes first), then I'll be quite saddened. I love his opinions, his sharp mind, and his bowties.

Now, if Scalia were to drop over, that would be a good win. As it's not, hopefully Obama makes a good choice...and someone young, as Anthony pointed out.
Posted by Leslie N. on April 30, 2009 at 8:30 PM
6
Predicted cliche of the week "his beloved New Hampshire." Also, "confirmed bachelor."
Posted by George on April 30, 2009 at 8:39 PM
7
For those who follow the Court, this is a pretty sad day. I realize Justice Souter has never really wanted to be there (or, as Anthony points out, hasn't since Bush v. Gore) but he has been a great addition to the Court and has given conservatives nothing but heartache for almost 20 years. He's done his service from that, if nothing else.

But, if you listen to oral arguments from the Court, you'll know what a great mind Justice Souter has, what a great sense of humor he has, and what he's added to the "liberal" bloc on the Court. This isn't going to change the ideological breakdown of the Court, but it will allow us to get someone younger on there and probably another woman (and maybe a Hispanic one at that). Even with that "win," it's still really sad to see such an unusual, yet impressive, man leave. Good retirement, sir.
Posted by Souter Fan on April 30, 2009 at 8:43 PM
8
For those who are too quick to congratulate Obama on his presumably liberal appointment before it is made, remember that Souter was appointed by Bush Sr. -- the most right-wing President we ever had until his son.
Posted by Fnarf on April 30, 2009 at 8:47 PM
9
The honorable Chief Justice Michelle Obama has a very nice ring to it.
Posted by yucca flower on April 30, 2009 at 8:49 PM
10
Bush Sr. was most right wing? Huh? The guy was a moderate internationalist. He was the Arlen Specter/Olympia Snowe of Presidents. I would point out that Republican presidents are on a continuum getting more conservative over time, making your statement meaningless EXCEPT that Reagan was more conservative than Bush Sr.
Posted by George on April 30, 2009 at 8:50 PM
11
Any time you put someone on the court, it's a crap shoot. I am not sold on many of Obama's picks or decisions. I think Souter will be missed. And five bucks says Obama names someone with tax problems.
Posted by heywhatsit on April 30, 2009 at 8:53 PM
12
Liberals are more reliable than conservatives. Not many liberals have "flipped" after being nominated to lifetime judicial roles. It has something to do with having convictions rather than just blind ambition I think.
Posted by George on April 30, 2009 at 8:57 PM
13
Five bucks says he names someone with republican(read: into expansive power of the executive branch) leanings(but a backer of roe vs. wade and gay rights) as a gesture of bipartisanship. I hope he proves me wrong.

Plus, did y'all know that Scalia is freakin' 73 yrs. old? He probably dyes his hair. Is he really going to last till he's 81-82 so he that might leave when a conservative is in power?
Posted by Goethe's Girl on April 30, 2009 at 9:05 PM
14
By the way, given the ages on the Court, between today and 2016, there will have to be 3 or 4 more appointments, if not more. The Supreme Court will likely be the #1 reason we'll all need to get Obama reelected in 2012. It really, really is a big deal everyone.
Posted by Ed on April 30, 2009 at 9:18 PM
15
I say make it Hillary.
Posted by MyDogBen on April 30, 2009 at 9:27 PM
16
I don't get it, what does this have to do with swine flu?
Posted by Slog Tool on April 30, 2009 at 9:28 PM
17
wow. glad that he stayed on for so long and finally gets to go back to that little state that he loves so much.
Posted by josh on April 30, 2009 at 9:31 PM
18
Ladies and gentlemen, the honorable justice William Jefferson Clinton.
Posted by Fuckin' A! on April 30, 2009 at 9:54 PM
19
Lawrence Lessig for SCOTUS!
Posted by gfish on April 30, 2009 at 9:54 PM
20
Is Harriet Miers still looking for a job?
Posted by Ziggity on April 30, 2009 at 9:57 PM
21
In your dreams, @19, but what a lovely dream it is...

I'm putting $20 on Cass Sunstein for the nomination. At 54 years old, he's relatively young for a Supreme Court appointment, but is also regarded as one of the top constitutional, administrative and environmental law scholars in the field. Plus, he's already taken a position in the Obama administration, running the White House Office of Information & Regulatory Affairs. He's a legal minimalist, and has the added advantage of being a liberal who supported some of shrub's judicial nominees,which should ally the fears of conservatives (not that their opinion will matter much, but still),.
Posted by COMTE on April 30, 2009 at 10:11 PM
22
10 is right - no "most right" president would have allowed Two Forks Dam to be killed. (Most of you won't remember that, but it was a huge environmental win 20 years ago, one unimaginable under Reagan or Bush the Second.)

Bush the First DID sell his soul (and the GOP's) to the social cons, and that has had its repercussions for sure, but most right-wing president until his son? Reagan was further right.
Posted by Matt from Denver on April 30, 2009 at 10:14 PM
23
I say he nominates a lady justice. Gotta give Ruth a break in that boys club.
Posted by BenJ on April 30, 2009 at 10:42 PM
24

Any word on the Biden meltdown?

Something about how we shouldn't go into metal boxes and lock ourselves in?

Does swine flu cause dementia...or was he just that way to begin with?
Posted by - Lib + Lib = 0 Lib on April 30, 2009 at 10:44 PM
25
I wonder which Goldman Sachs executive Obama has in mind for this.
Posted by paul in kirkland on April 30, 2009 at 11:09 PM
26
@23: Nina Totenberg said you can basically bank on the nominee being a woman, and mentioned in particular that RBG makes no bones about being lonely on the bench. She also noted that Sandra Day O'Connor routinely mentions how annoyed she is that W didn't nominate a woman.
Posted by gnossos on April 30, 2009 at 11:11 PM
27
@25: Where is this skepticism coming from? Obama is civil rights lawyer and liberal con law scholar. By the end of his term (after retirements by centrist Ginsberg and liberal Stevens) Obama will have moved the Court to the left just by replacing Souter-Ginsberg-Stevens with more leftward picks. No question. They may be incrementalists. They may be market-oriented liberals. But they will be liberals. Clinton's lukewarm centrist appointments will look Republican by comparison.
Posted by George on April 30, 2009 at 11:25 PM
28
OO, Martha Nussbaum would be awesome
Posted by vooodooo84 on May 1, 2009 at 12:19 AM
29
I hope he nominates a 30 something ACLU employee.
Posted by guy on May 1, 2009 at 3:46 AM
30
This will be a dilemma for Obama.
It is coming a little too early in the term for comfort.
It he goes with a hard Liberal it will smash what hopes at bipartisanship may remain.
If he goes for a moderate he may lose a chance to make a longterm change in the Court's ideology.
A year or two down the road after more of the agenda (health care, cap and trade, etc) was passed would have been a better time for a nomination battle, if it comes to it.
Posted by James on May 1, 2009 at 7:05 AM
31
Nah, no dilemma, the timing is great, almost got 60 democratic senators, duh. "Smashing hopes of bipartisanship," are you joking? There's nobody rational to be bipartisan with in the GOP, he didn't even get one single GOP vote on his budget.

Being more into the law he will look more for a real scholarly intellectual type. So rather than just the left right continuum, he'll look also to just plain old jurisprudential ability, and a powerful intellect can have more influence than someone who "only" on the left but can't erect those long term structural elements into the law, that move the whole body of the law to justice.

A good pick is Sonia Sotomayor already on the second circuit. Latina from El Bronx! Si se puede! That way he can move her up AND move someone else into her slot. Also there's some Elana Kagan chick who's already vetted by the senate as solicitor general or something.

Posted by PC on May 1, 2009 at 7:41 AM
32
#9: Michelle would be a great justice but it would suck for her having Justice Thomas perving over her day in and day out.
Posted by shallow_but_healthy on May 1, 2009 at 9:48 AM
33
Justice. Fucking. Judy.

There, I said it.
Posted by The Amazing Jim on May 1, 2009 at 10:22 AM
34
Track record withstanding, another RIAA lackey's got a good job ahead of them.
Posted by Garth on May 1, 2009 at 2:53 PM
35
yowza
Posted by yowza on May 3, 2009 at 10:24 PM

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