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Supreme Court Justice David Souter Leaving--Who's Coming In?

Supreme Court Justice David Souter (image from the U. S. Government)A friend and I were talking about how the possible retirement of U. S. Supreme Court justices, and their replacements, could change the nature of the Supreme Court.  A few hours later, I read that David Souter would be retiring.

Already, opponents of President Barack Obama are claiming he's lining up liberal justices and he and Vice President Joe Biden will violate their promise of bipartisanship.  Obama and Biden haven't made comments, and Obama specifically said he will not answer questions about possible appointees.  But that hasn't stopped the accusations.

Obama had made a statement in 2007 about what he would look for in a justice if elected president.  "We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges."

How will Souter's leaving affect the balance of the court?  Ironically, probably not very much.  While Souter was appointed by conservative-but-relatively-moderate Republican President George H. W. Bush, he has been classified as "liberal."  Sometimes, Supreme Court appointees surprise those who appointed them.  Once they become part of America's final court, they no longer have to worry about re-elections, and can freely make decisions based on their own conscience.

But it's highly unlikely that anyone Obama appoints will turn out to be highly "conservative."  What would really change the court would be the unexpected: the retirement of formalist, Ronald Reagan-appointed conservative Antonin Scalia, or of the conservative George H.W. Bush-appointed Clarence Thomas.  Replacing either one of them with even a moderate would be a major change.

See an article at http://news.yahoo.com/s/politico/20090501/pl_politico/21972

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Comments

I admit I don't follow the court much. Why do we have so many laws anyway? People should be free to do as they will as long as they harm no one. I wish Souter well, and hope whoever comes in will be open to people in need, and not just to punishing and hurting people.

I think that our President will do a fine job in selecting a Supreme Court Justice to replace the honourable Justice Souter

I don't accept the Supreme Court. I didn't vote for them. I bet they're all naked under their robes. With little fans underneath blowing on their tushies.

Why is the court political? Their job is to interpret the law. It's the job of politicians to make law, not judges.

Christian Andy's right. Judges should be fair and objective. Just like Fox News.

This is the main reason I voted For President Obama.

The court only has one woman. America is half and half. I hope they appoint a woman.

All Nine are human! That's not representative. They really should have a gnome on the court. I volunteer.

I'm surprised you haven't written an entry about Souter's replacement, Sonia Sotomayor.

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