Supreme Court Battle Looms
By Susan Brinkmann, OCDS
Staff Writer
The battle for the Supreme Court is beginning sooner than expected with the sudden announcement by Justice David Souter that he is planning to retire when the court finishes its work this summer. His departure is unlikely to change the current conservative-liberal split in the Court.
Justice Souter, 69, a Harvard educated Rhodes Scholar, was appointed by President George H.W. Bush in 1990 who thought he was a moderate conservative. Once elected, however, Souter became a “surprise justice” who eventually made himself at home in the liberal-leaning faction of the Court.
His more controversial opinions include siding with the majority in affirming a women’s right to abortion in the famous Planned Parenthood of Southeastern PA vs. Casey case in 1992. He was also one of the four dissenters in the Bush v. Gore decision in 2000 that decided the presidential election.
The White House has been informed of Souter’s decision and retirement is likely to take effect only after a successor is confirmed.
Insiders say Souter made the decision after determining that the Court’s oldest members, Justice Ruth Ginsburg, 76, and Justice John Paul Stevens, 89, confirmed that they had no intention of leaving the bench. Justice Ginsburg, who was recently treated for pancreatic cancer, says she intends to serve well into her 80’s.
President Obama has made it clear that he will use ideology as a criteria for appointing justices. On the campaign trail he said that especially in those cases where there are no clear precedents, a Justice’s values become very crucial. “First and foremost, they should be thinking about and looking out for people who are most vulnerable," he said, such as the poor, minorities, etc.
As expected, special interest groups are already gearing up to influence the White House to choose someone favorable to their cause.
"We're looking for President Obama to choose an eminently qualified candidate who is committed to the core constitutional values, who is committed to justice for all and not just a few," Nan Aron, president of the liberal Alliance for Justice, told the Associated Press.
Some of the names that have been circulating include recently confirmed Solicitor General Elena Kagan; U.S. Appeals Court Judges Sonya Sotomayor, Kim McLane Wardlaw, Sandra Lea Lynch and Diane Pamela Wood; and Leah Ward Sears, chief justice of the Georgia Supreme Court. Men who have been mentioned as potential nominees include Massachusetts Gov. Deval Patrick, Harvard Law professor Cass Sunstein and U.S. District Judge Ruben Castillo of Chicago.
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