Souter’s successor?
It probably won’t mean a great deal in terms of the liberal/conservative makeup of the Supreme Court that Justice Souter has announced his retirement, and President Obama will get to replace him.
Of course, it would have been a very different story had John McCain been elected—his nominee probably would have shifted the balance to a conservative majority. But John McCain is most decidedly not President, and Barack Obama is.
Souter was not your typical Justice, and he retires uncharacteristically early, as well (he’s sixty-nine and apparently healthy). He was a relative unknown when nominated by Bush the elder, and his biggest claim to fame at the time was that he was the un-Bork. It took a while for him to show (or to develop) his true colors, which were liberal, no doubt causing one of his early champions, the conservative John Sununu (the elder also) of New Hampshire, to regret his promotion of Souter as a noncontroversial but still conservative pick.
I would be exceedingly surprised if Obama did not choose as his replacement someone who will become the most liberal member of the Court, or at least a very liberal member. And I would also be exceedingly surprised if the nomination didn’t get approved fairly easily by this heavily Democratic Congress—although this comment, if correct, might indicate a possible rough patch ahead:
…Specter’s defection could actually make it harder for Obama to nominate candidates, because in order to break a filibuster in the Judiciary committee that nominees have to go through, at least one minority member of the committee must consent. Specter is on that committee and as a Republican was the most likely minority member to do so. But now he’s not in the minority any more so he can’t. The other members are: Orrin Hatch, Chuck Grassley, Jon Kyl, Jeff Sessions, Lindsey Graham, John Cornyn, and Tom Coburn. As I understand it, at least one of them will have to consent to break a filibuster in the committee.
[NOTE: I can’t make the link to the above comment work. It goes to the post itself rather than the specific comment, but the latter was by “Sofa King” at 11:55 PM in the comment thread.]
Souter is just another example of how Bush the Elder turned away from Reagan era conservatism.
He’s been a disappointment since not long after assuming his seat, and while it’s not unpleasant to see him leave it’s still quite unpleasant that Nobama will likely send up a flaming left wing socialist liberal to replace him.
Still, Bush the Younger did do a good job with some of his judicial selections – too bad the “moderates” in the repub party chose to stymie real progress in the name of *bipartisonship* and allowed the dems via parliamentary manuevering to keep a lid on the number of positions Bush the Younger could have filled….
Regarding the ability of the repubs to filibuster the nominations at the committee level, stay tuned for more “hope and change” as the dem majority once more changes the rules to suit them so they can ride over the opposition with simple majorities at the committee level….
Wonder what ever happened to the eminent domain case brought to try to seize Souter’s house after he tipped the scales on the New London case? (turned out the land was never developed).
A story about Justice Ginsburg. To me it is a great illustration on the intellectual arrogance of many powerful liberals – as well as some insight into her personally.
Several years ago (and this was before she was diagnosed with cancer) a friend of mine was in Jackson Hole, WY doing some fly fishing. He was staying at one of the area’s better resort hotels. Apparently there was a legal conference going on with a lot of big names in attendance.
One night he at the head of the line at the Maitre D stand putting his name on the list for a table – about a fifteen minute wait. Just as he turned away Ruthie – with hubby in tow – marched past everyone to the head of the line and announced to the Maitre D in a voice loud enough for much of the restaurant to hear “I’m Justice Ruth Bader Ginsburg. I don’t wait and I don’t pay.”
She was shown to a table immediately and a few minutes later my friend was seated at a table near her and her husband. From what my friend said she spent the whole meal time being nasty to the wait staff and berating her husband who sat, cowed, with his head down saying nothing.
Her waiter, who was also waiting on my friend said to him after she (Ginsburg) left – “Not only doesn’t she pay but she doesn’t tip either.”
I guess I can understand her wish to look to foreign law for precedent – looks like she got her manners from Paris.
Why is it that some putatively conservative appointees go left, but the leftists never go right?
Great anecdote, dane.
I would like Neo to evaluate Souter psychologically. Autistic? Surely no sense of duty, save to himself, shown by his desire to return to his apparently lonely life in his humble NH abode so he can enjoy the outdoors while still physically able. Self-centered? Nah, no way.
We are sure to get a Lefty with truly terrible ideas about the law. The question is whether we will get one who is sneaky or one who is outrageous. If outrageous, that would help wake some people up and create votes for the Opposition. Therefore, expect someone sneaky.
In neither case will the next justice be materially worse than Souter.
Souter was a stealth Left-of-center lawyer put on the court upon the recommendation of John Sunnunu. Nowadays, lawyers don’t have to be stealth candidates (as most lawyers, from my experience) are Left-of-center. They are out of the closet. Obonga’s candidate will be no surprise to anyone. I don’t think the candidate will be stealthy at all.
Obonga sees his destiny as one of completely reshaping America into a likeness of Euro-socialism. Thus far in office he has never deviated from that mission. He will select someone who will advance the agenda of multinational socialism and abnegation of the Constitution and American exceptionalism. Bet on it.
There is no opposition to speak of. For Obonga, it’s good to be King. HE CAN GET ANYTHING HE WANTS.
The libertarian law blog Volokh Conspiracy has mentioned several likely candidates who they do not believe should be filibustered by the Republicans. No need to play the political strategy game now. There will be plenty of time if Obama’s nominee is unacceptable in some way.
Lindsey Graham. No problemo.