Souter Confirms Supreme Court Retirement
Obama Announces Departure During Press Briefing, Saying He Is "Incredibly Grateful For His Dedicated Service"
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U.S. Supreme Court Justice David Souter was the nation's 105th justice. (AP Photo/Jim Cole)
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Souter informed Obama of his plans in a brief letter Friday. Obama praised Souter and thanked him for his service.
Obama then announced the retirement in the middle during the daily White House press briefing, saying that he told Souter that he is "incredibly grateful for his dedicated service."
The 69-year-old justice is leaving after nearly two decades in Washington. His retirement gives Obama his first pick for the Supreme Court.
The news on Souter was originally reported last night, but not confirmed until today.
"It's not a terrible shock that Souter would be leaving. He has perennially be one of the names listed when folks think about potential retirements," said CBS News legal affairs analyst Andrew Cohen.
A history buff renowned among friends and former clerks as an excellent storyteller with a wonderful sense of humor, Souter headed for his native New Hampshire as soon as he could at the end of the court's term every year.
"He doesn't fit what I think most people would assume, that he's Silent Cal, the Calvin Coolidge-type New Englander," said Meir Feder, a New York lawyer who worked for Souter during his first Supreme Court term.
Souter was appointed to the court in 1990 by President George H.W. Bush after just a few months as a federal appeals court judge, but with many years experience as a prosecutor, attorney general, trial judge and state Supreme Court justice in New Hampshire.
Virtually unknown outside his home state, he was viewed warily both by liberals and conservatives. Liberals feared that his appointment by an abortion opponent would help spell the end of the guarantee of abortion rights. It didn't; Souter in 1992 voted to uphold Roe v. Wade. In the same year he also voted to maintain the court's longtime ban on officially sponsored prayers in public schools.
Conservatives worried that in his praise for the liberal lion he succeeded, Justice William Brennan, Souter was charting a much more moderate course than they would have liked or expected from a Republican nominee.
Eighteen years later, Souter was firmly among the court's liberals.
He resisted the spotlight that has attracted liberal and conservative justices alike.
"He doesn't believe in overexposure," said Thomas Rath, Souter's longtime friend from New Hampshire.
Of the justices who occupied the high court's middle ground, Souter was the one most likely to challenge, in exchanges of written opinions, the aggressively conservative views of Justice Antonin Scalia.
"Souter seems more passionate about taking on Scalia and combating the novelty of Scalia's more restrictive views," George Washington University law professor Mary Cheh once said of him.
When writing for the court in 1994 that a state could not create a separate public school district for Hasidic Jewish children, Souter fended off a Scalia dissent in customary fashion.
"Justice Cardozo once cast the dissenter as `the gladiator making a last stand against the lions.' Justice Scalia's dissent is certainly the work of a gladiator, but he thrusts at lions of his own imagining," Souter said.
Souter was the nation's 105th justice; only its sixth bachelor.
Immediately, speculation has swirled over his possible replacements.
"Fifteen years of frustrated Democratic nominees has caused quite a back-up of candidates. But the Obama Administration already has offered some serious clues about the sort of person they’d like to try to put onto the court," Cohen writes.
"Six weeks ago, when asked about a potential Supreme Court nomination, a senior Administration official told reporters that the White House is looking for people with experience in law and in life, people with character and commitments to a community, people who can make hard decisions but still have empathy for the litigants before them," Cohen said.
Although hailed by The Washington Post as the capital city's most prominently eligible single man when he moved from his native New Hampshire, Souter resolutely resisted the social whirl.
"I wasn't that kind of person before I moved to Washington, and, at this age, I don't see any reason to change," the intensely private Souter told an acquaintance.
At the American academy, when asked how to approach members of Congress to ask for more money for the humanities, Souter suggested focusing on the history buffs in Congress.
But he prefaced his advice with a self-deprecating comment about the failure of judges to persuade Congress to raise their pay.
"You should know that I've been on the judicial salary committee for the last couple of years and the lesson to be learned from that is," Souter said, "whatever I tell you, do the opposite."
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- Sotomenor
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- The difference between a liberal and a conservative has nothing to do with intelligence. It has to do with indoctrination. Marxists professors and politicians have convinced some citizens that Collectivism = Intelligence. It takes some individuality and aversion to conformity to be a conservative. The gullible conformists amongst us happily call themselves Liberals while they ask not what they can do for their country but what their country is going to do for them. Stand in line comrades! Big brother will be along to bail you out shortly. Now go pay your taxes! rotflmao :)
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- There is one thing you can always count on from liberals, a total lack of humility and common sense. Name any civilization that ever improved or succeeded via the leadership of elitists. Let's just pray that whoever is nominated to the Supreme Court truly believes in the Constitution rather than the greedy, short-sighted Democrat and Republican parties. And if the new Justice is a staunch defender of the Constitution, let's hope he can hold up against a President and Congress who seem to have no regard for the individual rights afforded by the Constitution and Bill of Rights. Gooood Luck.
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- Obama should pick a liberal...a true liberal. The conservatives and their whinny scare tactics have worked far too long in preventing democratic presidents from appointing anything other than moderates. The republicans will not support Obama's pick regardless, so do the right thing Mr President. Swing the court to the left! Sorry conservatives about that permanent majority thing not working out...you win some and sometimes the other side does. Conservatism is a miserable failure and now it's time to hand the reigns of power over to the thinking class...aka, elitists!!!!
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- Ok, let's see in the confirmation process if the vociferous "separation of church and state" crowd emits any more that a squeak, re: the "separation of powers" principle.
- Reply to this comment
- Test
Posted by weedapeapl at 1:40 PM : May 1, 2009
Fail
Posted by hungry1968-15 at 2:16 PM : May 1, 2009
hungry, how can you fail a test like that??? - Reply to this comment
- Posted by hungry1968-15 at 2:16 PM : May 1, 2009
LOL He gets to you huh? He's okay once you get to know the real him.
Posted by Stuart2560 at 2:17 PM : May 1, 2009
He's one of the stupidest people that has EVER posted on these boards.
If only you could have seen the conversation we had today!!
He thinks that the DMV issues "Motor Voter Cards", that allows illegal immigrants to circumvent the board of elections, and vote in OUR elections WITHOUT having to get a "Voter Registration Card". And the Board of Elections doesn't verify ANY of the information on these "Motor Voter Cards" -- they just mail out a card allowing illegals to vote, without checking ANY information. This is the outcome of the "Motor Voter Act" that Obama got enacted at ACORN's insistence.
I kid you not - this was his argument!!!
It's no wonder he's a conservative!! He's too stupid to be a liberal!!! - Reply to this comment
- Oh ok. I get you. Fact is, some of the best Supreme Court Justices have had no experience or political ties at all. Don't ask me to name 'em. I just heaqrd that on the news LOL
Posted by Stuart2560 at 2:31 PM : May 1,
uh..lets see theres Dasher ,Dancer Blixen'Prancer,Comet...uh..Vixen., Dunder,and Fluffy - Reply to this comment
- actually i voted..but thats about all an average american citizen can do ...too much money and corruption to even think about worrying about
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- McTitties, you really are out of touch and it's because you really don't care huh?
Posted by Stuart2560 at 2:29 PM : May
well , sometimes it best to not care.. - Reply to this comment
- What do you mean?
Posted by Stuart2560 at 2:28 PM : May 1,
mean...qualifications mean less than they should - Reply to this comment
- maybe they'll nominate siamese twins...oh..oh..man that would be awesome..we would really be the laughung stock
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- I don't think that Obama should nominate a SC Justice because they are a minority or a black, or even a judge. All nine justices were circuit judges. We need a little diversity here. Nominate someone who is qualified but not incumbent.
Posted by Stuart2560 at 2:25 PM : May 1, 2009
qualifications ; schmallifications - Reply to this comment
- Joe overlook Hungry. He is retarded. He loves President fruitcake so much. Yes I did say fruitcake.
Posted by ormondbeach1 at 1:43 PM : May 1, 2009
Joe's still recovering from the education I gave him earlier.
Hey ormondbeach1 -- do YOU know what a "Motor Voter Card" is? - Reply to this comment
- whos this Souter fella...showsyou how out of touch i am with all this political nonsense..
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- HoraceP-McTitties well if you scroll back you'll see we were talking and suddenly everyone was gone! I was talking to myself. lol Have no clue whats goin' on.
Posted by Stuart2560 at 2:16 PM : May
WE'll get agent Moulder and Scully on it - Reply to this comment
- Test
Posted by weedapeapl at 1:40 PM : May 1, 2009
Fail
Posted by hungry1968-15 at 2:16 PM : May 1, 2009
hey hey,, he at least gets a silver star for trying - Reply to this comment
- Test
Posted by weedapeapl at 1:40 PM : May 1, 2009
Fail - Reply to this comment
- Hey Horace. We were just here and suddenly I felt like I was beamed into the Twilight Zone.
Posted by Stuart2560 at 2:13 PM : May 1, 2009
how so? - Reply to this comment
- LOL Where did everyone go???
Posted by Stuart2560 at 1:30 PM : May 1, 2009
were queer and were here! - Reply to this comment
The road ahead in Afghanistan, and the crucial decision Obama faces.



