SOUTER CALLING IT QUITS

U.S. Supreme Court Justice David Souter shocked court observers yesterday when it was revealed that he intends to retire in June.  Justice Souter’s retirement will give President Obama his first opportunity to begin to put his own stamp on the nation’s highest court.

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At 69, Souter is nowhere near the oldest member of the court.  In fact, many believed John Paul Stevens, 89, or Ruth Bader Ginsberg, 76, would be the first to leave. But Souter has told friends he never really liked Washington, and has wanted to return to his native New Hampshire for some time. Justice Souter is expected to remain on the bench until a successor has been chosen and confirmed, which may or may not be accomplished before the court reconvenes in October.  Originally appointed by former President George H.W. Bush to give the court a conservative slant, Souter’s voting record ended up being more liberal than expected.  So any appointment by President Obama should not have any effect at all on the balance of the court.

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As a graduate of Harvard School of Law and former President of the Harvard Law Review, Mr. Obama has a plethora of replacement choices to choose from.  With Ruth Bader Ginsberg now the only woman on the bench, the President is widely expected to appoint a woman to replace Souter.  Some of his choices could include Elena Kagan, Dean of Harvard Law School, whom the President chose to be solicitor general, the administration’s lawyer before the court.  Some say she is better suited to sit on the court than to argue before it.  Judge Diane Wood, an appointee of President Clinton to the U.S. 7th Circuit Court of Appeals in Chicago, is also likely to be considered. She has taught at the University of Chicago and knows the President very well.  The President could also be looking to make history by appointing someone like Sonia Sotomayor of the U.S. 2nd Circuit Court of Appeals in New York, who would be the court’s first Hispanic woman, or Leah Ward Sears, the Chief Justice of the Supreme Court of Georgia, who would be the court’s first African-American woman.  A wild card appointment could be Deval Patrick, another African-American and current Governor of Massachusetts, who is also a close friend to Mr. Obama.

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So 100 Days into his presidency, Mr. Obama must now start thinking of how he wants to shape the Supreme Court.  David Souter may be the first planning to go, but with age and health a definite issue, John Paul Stevens and Ruth Bader Ginsburg are likely not far behind.