In what will set the stage for the first test of what kind of justice Barack Obama will nominate to the United States, Justice David Souter has announced that he intends to retire at the end of the current term of the Court. Souter has been a liberal to moderate justice and we can only hope that Obama selects someone of a similar judicial temperament. Having suffered personally at the hands of judges who in my opinion cannot separate their personal religious views from the administration of the civil laws, I hope Obama makes sure his nominee understands the concept of separation of church and state. Thank God there is no Republican the White House currently. Here are some highlights from NPR:*
NPR has learned that Supreme Court Justice David Souter is planning to retire at the end of the current court term. The vacancy will give President Obama his first chance to name a member of the high court and begin to shape its future direction.
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At 69, Souter is nowhere near the oldest member of the court. In fact, he is in the younger half of the court's age range, with five justices older and just three younger. So far as anyone knows, he is in good health. But he has made clear to friends for some time that he wanted to leave Washington, a city he has never liked, and return to his native New Hampshire. Now, according to reliable sources, he has decided to take the plunge and has informed the White House of his decision.
At 69, Souter is nowhere near the oldest member of the court. In fact, he is in the younger half of the court's age range, with five justices older and just three younger. So far as anyone knows, he is in good health. But he has made clear to friends for some time that he wanted to leave Washington, a city he has never liked, and return to his native New Hampshire. Now, according to reliable sources, he has decided to take the plunge and has informed the White House of his decision.
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Factors in his decision no doubt include the election of President Obama, who would be more likely to appoint a successor attuned to the principles Souter has followed as a moderate-to-liberal member of the court's more liberal bloc over the past two decades.
Factors in his decision no doubt include the election of President Obama, who would be more likely to appoint a successor attuned to the principles Souter has followed as a moderate-to-liberal member of the court's more liberal bloc over the past two decades.
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Possible nominees who have been mentioned as being on a theoretical short list include Elena Kagan, the current solicitor general who represents the government before the Supreme Court; Sonia Sotomayor, a Hispanic judge on the U.S. Court of Appeals for the Second Circuit; and Diane Wood, a federal judge in Chicago who taught at the University of Chicago at the same time future President Barack Obama was teaching constitutional law there.
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