Souter's retirement from the Supreme Court

[DSO]

What do you think the impact will be of Justice Souter's retirement from the Supreme Court? I know he was appointed by Bush Sr but also read he was less than conservative on decisions involving abortion and other issues. You know what we're going to get but how much will this change the balance of power in the Supreme Court? Are big 2nd amendment battles imminent?

Danny

[Bob Gutermuth]

NO change, just one liberal replacing another, the balance of power on the court will not change.

[BonMallari]

NO change, just one liberal replacing another, the balance of power on the court will not change.

absolutely correct...what we have to watch out for is when Bader-Ginsburg and Kennedy retire in the next yr, or God forbid something were to happen to Scalia or one of the other conservative leaning SCOTUS during the BHO reign...I also think that the Specter jump to the Democrat party coincides with Souter's retirement because I think Specter is the Chairman of the Judiciary committee..ouch

[badbullgator]

I agree for the most part but the peplacement could be MORE liberal

[YardleyLabs]

Presumably the biggest difference will be that the replacement justice will be much younger while the other more liberal justices are all past any normal retirement age. The new justice will raise the total of Democrats on the court to three out of nine, joining Ginsberg (age 76) and Breyer (age 71) who are the only Democrats now serving.

At age 89, Stevens is likely to retire soon. All of the justices considered to be liberal are 70+ years old. Only one of the core conservative justices, Scalia (age 73), is over the age of 70. Kennedy is currently the swing vote on the court. At age 73 he is vulnerable but highly unlikely to retire voluntarily.

If Scalia or Kennedy retires while Obama is President, that would change the complexion of the court. Other than that (which is probably only likely if Obama is reelected) it is likely that Obama will only have the opportunity to preserve the current balance, not change it. It is fairly likely that Obama will have the opprtunity to appoint two more justices -- replacements for Stevens and Ginsberg -- in addition to Souter's replacement. If Obama is reelected, the odds increase that he might end up replacing three more justices who would be 80+ at the end of a second term (Breyer, Kennedy and Scalia). That would have a major impact on the court, leaving only three conservatives (Robertson, Thomas, and Alito) who are all young.

[Bob Gutermuth]

Jeff you are essentially correct.

Specter is not chairman of judiciary and was not in this term. Leahy of Vt is. The maverick on the comm is Graham of SC, he may give assent to a real liberal looneytune that we are likely to see.

Gator it doesn't matter if the new justice is more liberal, as the balance is still 5-4 in the favor of the right.

[WaterDogRem]

http://www.nytimes.com/2009/05/01/us...text.html?_r=1

How about Obama's really disturbing comment....Obama said, "I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation."

So laws on the books don't matter, what matters is how people's lives will be affected. Sorry Obama, wrong again! Sounds like he needs to revisit law school and learn the basic fundamentals of the Judaical branch.

[Goose]

I will always remember Bush the senior for his poor choice of Souter. A liberal on the court if there ever was one.

Dear Leader's pick will rival the worst ever on the court. No doubt he'll pick a marxist with the same hatred of country (and hatred of Constitution) as Dear Leader has.

[BrianW]

Dear Leader's pick will rival the worst ever on the court. No doubt he'll pick a marxist with the same hatred of country (and hatred of Constitution) as Dear Leader has.

Sounds like someone from the 9th Circuit of Appeals

[cotts135]

http://www.nytimes.com/2009/05/01/us...text.html?_r=1

How about Obama's really disturbing comment....Obama said, "I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation."

So laws on the books don't matter, what matters is how people's lives will be affected. Sorry Obama, wrong again! Sounds like he needs to revisit law school and learn the basic fundamentals of the Judaical branch.

It didn't seem to much matter to Former President Bush and his people, (FISA comes to mind) nor does it concern President Obama if he choses not to investigate or prosecute if warranted people who may have committed crimes fighting this nations war on terror.