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Reports Justice David Souter is Retiring

By Jeralyn, Section Supreme Court
Posted on Thu Apr 30, 2009 at 09:11:11 PM EST
Tags: David Souter (all tags)
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CNN and NPR are reporting Supreme Court Justice David Souter is retiring and has informed the White House. NBC's Pete Williams said a few hours ago, maybe, maybe not.

Update: I just got a press release from MSNBC saying Pete Williams broke the story on Rachel Maddow's show tonight.

Washington Post report here, also saying Souter has informed the White House. It gives this list of potential replacement nominees: [More...]

Some of the names that have been circulating include recently confirmed Solicitor General Elena Kagan; U.S. Appeals Court Judges Sonya Sotomayor, Kim McLane Wardlaw, Sandra Lea Lynch and Diane Pamela Wood; and Leah Ward Sears, chief justice of the Georgia Supreme Court
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    Reports Justice David Souter is Retiring | 73 comments (73 topical)

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    He wasn't at the top of my list (5.00 / 3) (#2)
    by andgarden on Thu Apr 30, 2009 at 09:18:18 PM EST
    as far as expectations were concerned. In any case, if it's true I hope we get a good appointment.

    Per NPR, some expectation (none / 0) (#8)
    by oculus on Thu Apr 30, 2009 at 09:32:56 PM EST
    Obama will appoint a female. NPR

    Parent
    Can he find a hispanic jewish woman from Florida? (5.00 / 3) (#9)
    by andgarden on Thu Apr 30, 2009 at 09:33:57 PM EST
    ;-)

    Parent
    Ha (5.00 / 2) (#18)
    by indy in sc on Thu Apr 30, 2009 at 09:45:23 PM EST
    A really good friend of mine is a Puerto Rican Jewish female attorney.  I'll send her name in for consideration.

    Parent
    How about a Jewish woman justice (5.00 / 1) (#29)
    by Cream City on Thu Apr 30, 2009 at 10:38:27 PM EST
    born in New York but long in the Heartland now?

    Okay, she's 75, but she's nonstop energy with decades left in her (just got re-elected for a 10-year term on her state court), and there are few so scholarly -- and progressive:

    Wisconsin State Supreme Court Chief Justice Shirley Abrahamson.

    Sigh.  She should have been appointed to the Supremes a decade ago, and this would be a different world.

    Parent

    Cuban ex-pat? (none / 0) (#14)
    by oculus on Thu Apr 30, 2009 at 09:38:47 PM EST


    Parent
    Interesting thought (none / 0) (#15)
    by andgarden on Thu Apr 30, 2009 at 09:40:35 PM EST


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    All the "mentionees" on (5.00 / 1) (#41)
    by gyrfalcon on Thu Apr 30, 2009 at 11:17:31 PM EST
    the list above are women, no idea why unless they've just trotted out the names they thought of when Justice Ginsberg took ill.

    I can't see Obama nominating anyone for this first of no doubt several vacancies with anybody other than some very, very safe middle-of-the-road white male, frankly.  Hope I'm wrong, but...

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    He will. (none / 0) (#12)
    by Tony on Thu Apr 30, 2009 at 09:37:40 PM EST
    This nominee will be a woman.

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    Granholm... (5.00 / 0) (#20)
    by mike in dc on Thu Apr 30, 2009 at 09:50:53 PM EST
    ...I'd kinda like it if he nominated a non-judge, even better if it was someone with elected office experience like Granholm.  

    Ginsburg has cancer, Stevens is in his 80s, and Scalia and Kennedy are both 73.  If he could put 5 progressive-to-moderate justices all under age 55 on the SC over the course of the next 8 years, I'd be a happy camper.

    Obviously there's lots of worthy academics--Tribe, Sunstein (not everyone's cup of tea, I realize), Lessig, maybe even my Torts prof, Jonathan Turley.  

    If we already had a 6-3 edge and another conservative judge surprisingly retired, I'd guess I'd be okay with putting Posner in as the token conservative replacement.

    Why in hell (5.00 / 4) (#36)
    by cal1942 on Thu Apr 30, 2009 at 11:04:43 PM EST
    nominate a token conservative?

    Ridiculous.

    Do you think Bush would have nominated a token liberal?

    This is no time to appoint another conservative, we've already got five and five impractacle, childish conservatives is five too many.

    The other side is fighting a war.  We'd better recognize that and make sure we use our big guns while we have the chance.

    Only the future of the nation is riding on it.

    Parent

    Tell Obama (5.00 / 1) (#44)
    by gyrfalcon on Thu Apr 30, 2009 at 11:21:01 PM EST


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    I'm sure (none / 0) (#61)
    by cal1942 on Fri May 01, 2009 at 12:03:54 AM EST
    he wouldn't listen.

    Anyone who would appoint Geithner ...

    I thought I could relax a little after Bush was no longer desecrating the White House.

    No such luck.

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    Oh yes... (none / 0) (#65)
    by Thanin on Fri May 01, 2009 at 12:22:39 AM EST
    Im sure all his appointments will be even more conservative than alito...

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    Who's a token conservative???? (none / 0) (#72)
    by jbindc on Fri May 01, 2009 at 08:48:19 AM EST
    She's the Democratic Governor of Michigan, former Michigan Attorney General,and before that an Assistant US Attorney.

    Parent
    Go left! no conservative. (5.00 / 3) (#40)
    by Lil on Thu Apr 30, 2009 at 11:16:21 PM EST


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    Turley (5.00 / 1) (#43)
    by gyrfalcon on Thu Apr 30, 2009 at 11:20:21 PM EST
    would certainly shake up the Court dynamics, I would think.  Wouldn't mind being a fly on the wall to hear the "discussion" between him and Scalia.

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    Waaaaay too timid (none / 0) (#22)
    by andgarden on Thu Apr 30, 2009 at 09:53:13 PM EST


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    That didn't work out too well w/Rose Bird. (none / 0) (#23)
    by oculus on Thu Apr 30, 2009 at 09:53:37 PM EST
    It is a good thing we are on this, as BTD is immersed in NBA game.  

    I've heard Carlos Moreno mentioned as a likely SCOTUS nomination.  California Supreme Court.

    Parent

    A bit? (5.00 / 1) (#39)
    by gyrfalcon on Thu Apr 30, 2009 at 11:14:54 PM EST
    You think the Republicans and a fair number of blue dog Dems wouldn't successfully filibuster his nomination?   You think Obama would risk a milimeter of political capital by nominating a guy who once got caught with porn on his computer?  Oy.

    In my opinion, Obama should (5.00 / 1) (#64)
    by oculus on Fri May 01, 2009 at 12:05:59 AM EST
    nominate the best person for the job, not necessarily a female.  But that "best person," of course, must be someone of whom I approve.  No Sunsteins.

    Agree (2.00 / 0) (#70)
    by MO Blue on Fri May 01, 2009 at 06:45:23 AM EST
    Definitely, no Sunsteins.

    Parent
    I find it funny when people trot that line out. (none / 0) (#66)
    by tigercourse on Fri May 01, 2009 at 12:43:50 AM EST
    Like the first thing that comes to their mind when  they find out a woman is likely to get the job is, "but it should be someone qualified!"

    Parent
    Yeah... (none / 0) (#68)
    by Thanin on Fri May 01, 2009 at 12:58:42 AM EST
    but Im quite sure oculus didnt mean it that way.

    Parent
    I sure hope this turns out well. (4.57 / 7) (#28)
    by Anne on Thu Apr 30, 2009 at 10:32:11 PM EST
    Wish I weren't feeling so apprehensive about the pick; kind of ticked off that I'm not feeling the sense of relief I always thought I would feel when we finally had a Democratic president who would be able nominate someone to the Supreme Court.

    maybe some trepidation (none / 0) (#38)
    by Lil on Thu Apr 30, 2009 at 11:13:51 PM EST
    re: the right wing hounds will go CRAZY no matter who he picks. That's how I feel a little, but also happy. I hope it is someone who can stand up for herself.

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    I want the most liberal person possible (none / 0) (#59)
    by MrConservative on Thu Apr 30, 2009 at 11:55:53 PM EST
    But I am absolutely prepared for Obama to disappoint me by nominating a moderate or even a moderate-conservative.  It would truly be ironic if Obama pulled a Bush Sr. and nominated a conservative Souter.

    Parent
    Jeff Tooban sez: (none / 0) (#17)
    by andgarden on Thu Apr 30, 2009 at 09:44:11 PM EST
    "A supreme court nominee has never been successfully filibustered."

    Um, Abe Fortas?

    Yes, Abe Fortas (none / 0) (#33)
    by cal1942 on Thu Apr 30, 2009 at 10:54:41 PM EST


    Parent
    Supposedly hes retiring in June. (none / 0) (#19)
    by Thanin on Thu Apr 30, 2009 at 09:47:57 PM EST


    NPR says he plans to stay until his (none / 0) (#21)
    by oculus on Thu Apr 30, 2009 at 09:51:18 PM EST
    replacement is confirmed.

    Parent
    Ah... (none / 0) (#25)
    by Thanin on Thu Apr 30, 2009 at 10:09:52 PM EST
    heard the June date, but that was on CNN but what you say sounds more reasonable.

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    Huff Post says it could be either. (none / 0) (#27)
    by oculus on Thu Apr 30, 2009 at 10:18:38 PM EST


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    Media predictions (none / 0) (#26)
    by waldenpond on Thu Apr 30, 2009 at 10:12:54 PM EST
    Who will the media push?  Chuck Todd thinks Sonja Sodemoye(sp) is interesting as this ticks off the box for Hispanic AND female.

    Asian?  Harold Coe?  Elena Kagan (solicitor general-that Arlen Spector doesn't like)

    Rachel asked about Hillary... Todd laughed and said Clinton would have picked Obama.

    This could be fun if I didn't know I was going to be disappointed.

    I don't think it would serve Hillary's (5.00 / 1) (#31)
    by nycstray on Thu Apr 30, 2009 at 10:50:48 PM EST
    interests to be on the court. Do people really not see that? Or am I blind to something?

    Yeah, I'm a bit concerned we have a pick coming up so soon. I was hoping it would be a bit down the road and he had full rejected playing with the right by then (because they really don't play nice). And other reasons, of course. Here's hoping . . . .

    Parent

    Oh, Hillary (5.00 / 1) (#46)
    by gyrfalcon on Thu Apr 30, 2009 at 11:24:21 PM EST
    Here we go again.  Didn't we chew this one to death after she conceded the nomination?

    Hillary is not SC material by temperament or talent or inclination.  She'd be good, of course, but there are actually far more superb SC candidates than there are Hillarys out there.  She belongs in the very public sphere, not closeted like a monk arguing fine points of law with the likes of Scalia.

    Parent

    Maddow is an idiot (5.00 / 1) (#73)
    by jbindc on Fri May 01, 2009 at 08:50:03 AM EST
    She just keeps proving it over and over.  All this comment did was to try and stir things up again - haven't had anything to find fault with HRC lately....

    Parent
    Sonja Sotomayor (none / 0) (#34)
    by Addison on Thu Apr 30, 2009 at 11:00:25 PM EST
    http://en.wikipedia.org/wiki/Sonia_Sotomayor

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    I like her genetic creds... (none / 0) (