Souter Switches Jobs: Supr. Crt. Justice to...not.

[strummer8526]

www.npr.org/templates/story/story.php?storyId=103694193&ft=1&f=1012

[GIGAFAN99]

Love the Souter. Live free or die back home, dude. You'll be missed.

[AustinHoya03]

Thanks to Justice Souter for his service.

Let the predictions begin...this is going to be fun.

[EasyEd]

Remember, Obama, Hillary and Biden all voted against Alito so it will be difficult for them to assume a "high road". This will not alter the makeup of the court.

[Jack]

The real issue is going to be the pressure from the left to take advantage of the 60 votes to nominate a true liberal to the bench. Bush didn't compromise much ideologically on his nominees, but this is the opportunity for Obama to really throw a bone to his base if he so chooses. It won't be his last nominee, so I would not really blame him if he does. I just hope Deval Patrick isn't receiving any serious consideration- he is the ultimate anti-Souter, at least in terms of temperament.

[Cambridge]

Considering Souter replaced Brennan, I don't think it's out of line to appoint a "liberal lion" to his seat. The court has been without one for two decades.

[SirSaxa]

May 1, 2009 10:02:10 GMT -5 EasyEd said:

Remember, Obama, Hillary and Biden all voted against Alito so it will be difficult for them to assume a "high road". T

That is an utterly non-sensical statement.

[TC]

May 1, 2009 10:54:31 GMT -5 SirSaxa said:

That is an utterly non-sensical statement.

I think he's saying that because Obama voted for cloture on Alito (with full knowledge that said filibuster would fail and that Alito would be confirmed : donklephant.com/2006/01/29/obama-on-filibustering-alito/) that he can't complain if every Senate Republican filibusters every one of his nominees - even though Obama's position in the Senate was that there was too much acrimony and animosity over judicial nominees.

[Elvado]

If Justice Souter hates D.C. as much as has been reported, I thank him for dedicated service to country and am glad for him that he has the sense to leave.

[hoyatables]

May 1, 2009 11:36:13 GMT -5 TC said:

May 1, 2009 10:54:31 GMT -5 SirSaxa said:

That is an utterly non-sensical statement.

I think he's saying that because Obama voted for cloture on Alito (with full knowledge that said filibuster would fail and that Alito would be confirmed : donklephant.com/2006/01/29/obama-on-filibustering-alito/) that he can't complain if every Senate Republican filibusters every one of his nominees - even though Obama's position in the Senate was that there was too much acrimony and animosity over judicial nominees.

This begs the question -- I wonder whether Obama/Specter knew that Souter was planning to step down and told him to hold off on his announcement until Specter completed the switch? Also entirely possible that the two events are unrelated in timing, just seems pretty convenient.

Folks were speculating on Underneath Their Robes about Souter's retirement weeks ago, when they realized he hadn't selected any new clerks.

[HoyaNyr320]

May 1, 2009 10:02:10 GMT -5 EasyEd said:

Remember, Obama, Hillary and Biden all voted against Alito so it will be difficult for them to assume a "high road". This will not alter the makeup of the court.

1. The Republicans won't have enough votes in the Senate to fillibuster the nominee barring a pick with skeletons in the closet. We can count on Specter, Snowe, Collins to at least vote for cloture.

2. This will alter the makeup of the court because Obama will most likely pick a nominee in their late 40s or 50s. That means the nominee will stay on the bench longer than Souter would have and there is less chance of him or her stepping down when a Republican is in office - however long from now that will be (8, 12, or 16 years down the line...maybe).

[jerseyhoya34]

May 1, 2009 10:12:23 GMT -5 Jack said:

The real issue is going to be the pressure from the left to take advantage of the 60 votes to nominate a true liberal to the bench. Bush didn't compromise much ideologically on his nominees, but this is the opportunity for Obama to really throw a bone to his base if he so chooses. It won't be his last nominee, so I would not really blame him if he does. I just hope Deval Patrick isn't receiving any serious consideration- he is the ultimate anti-Souter, at least in terms of temperament.

To be fair, Miers may have been a compromise pick, but we cannot know for sure since there is not much of intellectual value with her name on it.

[SirSaxa]

Mr. Steele said the President should pick someone whose views are in line with “mainstream America” rather than try to impose a liberal agenda or give “political payback to the far left.”

OK, I admit it. Reading the above all I can see is the bald-faced hypocrisy from the party that just gave us two justices from the far right.

Secondly, it was the Republicans in the Senate who were prepared to change the rules to eliminate the use of the Filibuster to prevent confirmation of Bush's nominees. Now they are afraid the 60 vote Democratic party will prevent the Republicans from filibustering. You can't make this stuff up.

[jerseyhoya34]

May 1, 2009 17:00:12 GMT -5 SirSaxa said:

Mr. Steele said the President should pick someone whose views are in line with “mainstream America” rather than try to impose a liberal agenda or give “political payback to the far left.”

OK, I admit it. Reading the above all I can see is the bald-faced hypocrisy from the party that just gave us two justices from the far right.

Secondly, it was the Republicans in the Senate who were prepared to change the rules to eliminate the use of the Filibuster to prevent confirmation of Bush's nominees. Now they are afraid the 60 vote Democratic party will prevent the Republicans from filibustering. You can't make this stuff up.

;D

I think that's nuance and not a flip flop.

[strummer8526]

He should pick someone who is going to approach every case with a desire to reach the outcome that comports with his/her personal political ideology, but who will then try to explain it by appealing to whatever "principle" happens to allow him/her to reach the conclusion at which he/she already arrived.

That shouldn't be hard.

[EasyEd]

My wager: it will be a woman. My second wager: it will also be a minority or Hispanic. My third wager: it will also be a flaming liberal. My fourth wager: it will also be an Oprah type of person.

[TC]

What exactly is an "Oprah type of person"? Judge Marilyn Milian?

[strummer8526]

May 2, 2009 13:50:48 GMT -5 TC said:

What exactly is an "Oprah type of person"? Judge Marilyn Milian?

Well now I'm just hoping that it IS Oprah. I think she has the chops.

[StPetersburgHoya (Inactive)]

May 2, 2009 13:09:44 GMT -5 EasyEd said:

My wager: it will be a woman. My second wager: it will also be a minority or Hispanic. My third wager: it will also be a flaming liberal. My fourth wager: it will also be an Oprah type of person.

You had me until the 4th point. Do you mean a person that is rich, has weight problems, and is black?

Up until the 4th I was right with you - Justice Sottomayor.

[StPetersburgHoya (Inactive)]

Word is that Judge Fudge was offered the position, but he was far too busy being delicious.