So long Souter

U.S. Supreme Court Associate Justice David Souter revealed yesterday his intention to retire after nearly two decades on the nation's highest bench at the end of the current session in June. Appointed by President George H. W. Bush in 1990, Souter disappointed many hard-line conservatives over the years as it became apparent in numerous Court decisions that he was, well, not one of them. In cases involving such hot-button issues as abortion rights, school prayer and affirmative action, Souter repeatedly sided with the more progressive wing of the Court. Having enjoyed his job but despised the city in which he worked, he now looks forward to a quiet retirement alone in his beloved New Hampshire.

There was widespread speculation that one or two justices would retire soon, although most of the attention was focused on 89-year-old John Paul Stevens and 76-year-old Ruth Bader Ginsburg, the Court's oldest justices. Thus, Souter's announcement comes as a bit of a surprise. Nevertheless, it adds to the long laundry list of responsibilities already assigned to President Obama--resolving the economic and financial crises, handling two wars, monitoring the oh-my-god-run-for-your-lives-it's-a-killer-pandemic-oh-wait-maybe-it's-not-so-bad swine flu situation, etc.--the task of naming someone to America's highest court.

Conventional wisdom says he will choose a woman (perhaps even Elena Kagan, former Dean of Harvard Law School and current Solicitor General of the United States) to mitigate the shame of having just one female justice. I certainly think that will be the case. Beyond that, though, it really is anyone's guess. Some minority groups have started to actively lobby the White House to name a woman of color to the Supreme Court, which would be a first. Additionally, the Congressional Hispanic Caucus is starting to pressure the President to name a Hispanic to the Court, another first. Regardless of whom Obama chooses, though, the new justice is not likely to change the political ideological balance (for lack of a better term) of the Court. Still, these decisions are always surrounded by excitement and intrigue because each justice--conservative, moderate or liberal--brings a unique personality and background to the bench. I personally find it fascinating to observe how each justice views his or her role on the Court and how each approaches his or her duty to interpret the law and the Constitution of the United States. For me, these occasions in Washington are right up there with presidential inaugurations--sometimes significantly better.

I have complete confidence that the President will tap a supremely qualified individual to replace Justice Souter, and with the Democrats in the Senate all but assured of having 60 seats by the time the confirmation vote takes place, he should have no trouble getting his nominee seated. Let me know if anyone wants to start a pool on potential nominees.