In so far as Obama will hopefully replace a liberal voice with a younger, liberal voice this seems like a wash, or slightly good news.NBC News and news services
updated 5 minutes ago
WASHINGTON - Supreme Court Justice David Souter plans to retire, sources told NBC News Thursday night.
Speculation about Souter's plans began to swirl as the eight other justices were known to have hired the four law clerks who will work with them in the Supreme Court term that begins in October. Souter had been the lone holdout, hiring no one.
A court spokesman said Souter had no comment.
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A retirement by Souter, 69, would give President Barack Obama his first chance to nominate a justice and the next few months would bring Senate confirmation hearings.
Several government sources said that Souter had signaled his intention to retire, NBC News correspondent Pete Williams reported. It was unclear whether Souter would retire at the end of the current term or as soon as a nomination can be made. Wednesday was the last day of oral arguments in the current court term.
At 69, Souter is not the oldest member of the court. He has indicated in the past that he wanted to leave Washington and return to his native New Hampshire.
Other candidates for retirement
The other candidates for retirement are Justice Ruth Bader Ginsburg, 76, and Stevens, 89, although neither has betrayed any intention of leaving. Ginsburg, who is undergoing chemotherapy following surgery for pancreatic cancer in February, said she wants to serve into her 80s.
In 1990, Republican President George Bush nominated Souter for the position of Supreme Court justice. Little was known of his positions on issues at the forefront of the news, such as abortion, and it was hoped by conservatives that his literal interpretations of the Constitution would work in their favor. However, Souter's interpretations of the Constitution were more liberal than the Republican Party had hoped.
According to Biography Resource Center Online, during the Casey v. Planned Parenthood case, Souter voted to uphold the Roe v. Wade decision governing a woman's right to an abortion and also voted to prohibit prayer at high school graduation ceremonies in Lee v. Weisman.
In defense of his abortion stance, Souter wrote that, as a nation, we have come to rely on the "availability of abortion" and to overturn Roe v.Wade 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."
Since that time he consistently voted on the more liberal sides of issues.
Souter attended Harvard University, graduating Phi Betta Kappa in 1961 with a major in philosophy. Before returning to Harvard to attend law school, Souter won a Rhodes Scholarship to Magdalen College at Oxford.
This breaking news story will be updated.
I've heard the idea floated recently for a 15-20 year term cap on SCOTUS judges, which seems appropriate. Why should Ginsberg and Stevens be in a glory race to be the oldest? I find it difficult to imagine 90 year olds doing a job that can't be done better by a sprightly, active, vigorous 70 year old.
