Souter is retiring!? On Rachel Maddow Show RIGHT FUCKING NOW! (LINK ADDED)

[ColbertWatcher]

Souter is usually the last of the justices to hire law clerks for the coming term. He typically gets around to it in March or April -- well after the other justices have chosen theirs. But this year, Souter hasn't done it yet, and that has been the subject of gossip in legal circles.

(not much more at the link)

--http://firstread.msnbc.msn.com/archive/2009/04/30/1917423.aspx">MSNBC

[proud2BlibKansan]

1. Woohoo

Can't wait to see who Obama will pick. :woohoo:

[VeraAgnes]

2. Thank you!

Exciting isn't this.

[Tangerine LaBamba]

3. Hello, Jonathan Turley ...........

Wouldn't that be something?

[ColbertWatcher]

5. I'm hoping for Chemerinsky! n/t

[Tangerine LaBamba]

18. I'd LOVE that!

But he's a controversial guy, and his confirmation process, with the GOPigs digging in, could be problematic.

Should be interesting, though.

[ColbertWatcher]

21. He just started a job at a new "conservative" (whatever that means) law school ...

... they offered it to him, he said yes, they rescinded it, then after a very public discussion they finally stopped being assholes (at least for the time being) and he works there now.

Although, there is another judge from the Chicago area who may get the first vacancy.

[Tangerine LaBamba]

27. He's at Irvine, in Orange County ...

Conservative. Uh, yes. Very. And his appointment was freighted with controversy. That's why I think Obama can't go near him - he's a good man, but he's politically radioactive.

Who's the other Chicago judge? I have law school friends who are judges in the area. I would just flip if one of them copped a nomination to the SC. That would be beyond cool.........................

[ColbertWatcher]

35. I cannot remember the name. He was the subject of an article I read on DU.

Sadly, that's all I can remember.

[eleny]

6. It sure would be!

[tishaLA]

4. Very exciting. I wonder how liberal he will go

and will he appoint a woman/person of color? That'd be excellent.

[Egalitariat]

23. I would predict he checks every box on this appointment*****

This is very exciting.

[napi21]

7. Ohh poor Obama! Like he doesn't have anything else to do right now!!

I really feel bad for him. How many other things can be dumped on him all at once!

[blaze]

9. I honestly think he was born for this.

I wouldn't want anyone else in the White House right now.

I think he thrives on it.

[eleny]

11. Maybe he's already gotten a list together after he won the election

Some great Dems to choose from.

[liquid diamond]

15. That's exactly what I was thinking when I read the thread title

The guy is just swamped. I know this is a great opportunity, but I wish some things would slow down for him.

[Tangerine LaBamba]

19. He has known about this

for a long time - ever since Souter decided to retire - these things don't just get sprung on the President. There's a whole protocol that is observed.

Obama already has his candidate chosen. And a back-up. And they're already being vetted.....................

[ColbertWatcher]

25. This is what I was thinking, too. n/t

[Taverner]

39. He's a civil libertarian. We'll be fine

Honestly

My prediction? A full on CARD CARRYIN' MEMBER OF THE ACLU!!!

[chill_wind]

8. ! More details, if you get some? Thanx CW.

K & R

[ColbertWatcher]

17. I got nothing! I was falling asleep in front of the TV ...

... and when I woke up, Maddow was saying that Souter may be retiring.

[chill_wind]

20. :-) Bet you thought you were dreaming that for an instant.

eom

[ColbertWatcher]

22. LOL! Yeah, a little. n/t

[femmocrat]

10. That was a shock.

He is one of the "younger" geezers there! Hope he isn't having health problems???

[tishaLA]

14. i think he just wants to go back to NH

he has never loved Washington. And wasn't he mugged a few years ago?

[Mojambo]

12. This will be the last gasp for the culture warriors on the Right.

And we're going to find out where America actually is on a lot of very hot issues.

Gonna be fun.

Getting someone good on social issues is great, and important, but just as important is getting someone on the bench who recognizes the danger corporations pose to this country.

NO MORE CORPORATISTS ON THE US SUPREME COURT

[SCRUBDASHRUB]

13. I'm happy Obama is the one to nominate a new justice (could have been McGrumpers)

[jaysunb]

16. Mrs Ed Rendell

welcome to the SCOTUS.

[WI_DEM]

30. I doubt that Obama's first pick for Supreme Court will be her it would smack as a political

pick.

[OmahaBlueDog]

36. Why not Mrs. Bill Clinton?

She's done some lawyerin' from what I hear....

[napi21]

40. She already has a job and is doing it very well! As a SCTUS, you

sometimes get to make some big decisions, but I have a feeling that most of the time she'd be bored to death!

[OmahaBlueDog]

41. If it was CJSCOTUS, she'd want the gig

the post was made somewhat in jest to the Mrs. Rendell pick. As posted downthread, my bet: Kim McLane Wardlaw
http://en.wikipedia.org/wiki/Kim_McLane_Wardlaw

[Badgerman]

24. only fools are happy if Souter leaves.

Souter although a Bush Sr. pick turned the coin on the Repugs. Over the years Souter has proven a consistent moderate, a man with great understanding of the Constitution nad it's underlying precepts. Yes, he voted nay on certain 'progressives' pet issues, but always with well reasoned foundation. No, losing him is no gain for anyone but the twirly-eyed yahoos on the left and the right.

For what it is worth, you can make bet on the certainty that the 'progressives' ain't gonna be pleased with any of Obamas' choices. they will be perhpas even less moderate than Souter, but one thing is for certain that unlike Scalia they will not be idiologues, and unlike Alito and thomas, they will not be morons.

...

[ColbertWatcher]

26. Obama won't install a Federalist Society-ite.

I don't know if anyone is "happy" so much as excited at the possibility of a new justice.

Also, since he's not one of the oldest it means Obama will be able to pick morejustices than was expected.

[OmahaBlueDog]

31. I'm happy to this extent; Obama will get to replace an aging "liberal" with a younger one

...and do so with a sizable Senate majority.

Speaking of Scalia, it's been widely rumored that he, too, would like to bail -- but (at this point) I imagine there is enormous pressure for him to stay on.

[Tangerine LaBamba]

38. We're not gaining anything here ...........

Souter pulled an Earl Warren on Grampy Fucknuts, and he was one who could be counted on to render a scholarly and thoughtful opinion. He is one of ours, regardless of his origins. A good man, an excellent jurist who has comported himself with great dignity and scholarship ........................

Obama's pick - I haven't any idea who it might be - will be exceptional, with a distinguished academic and practical record, will be politically untouched, and will be (relatively) young. I predict a forty-something nominee.

And, going further, I predict Hispanic or Asian.

No, not Alberto Gonzales or John Yoo.

You're right, that, somehow, with resolutely personal and tortured logic, some "progressives" will lament the choice...............

[OmahaBlueDog]

28. This had been rumored to be coming

Supposedly he can't stand Washington.

[Graybeard]

33. It was mentioned this morning on NPR.

Dahlia Lithwick who writes about SCOTUS for Slate Magazine mentioned the DC chatter about Souter. She was right on top of it.

[csziggy]

34. Rachel just said that Souter wants to go back to New Hampshire

Hmmmm,
Gay marriage bill passes in N.H. Senate
http://www.boston.com/news/local/new_hampshire/articles/2009/04/30/gay_marriage_bill_passes_in_nh_senate/

Wonder if those two things could be related?

And during the coverage of Arlen Specter's switch, there was talk of Mrs. Gov. Ed Rendell wanting to be a judge....

Is there some sort of convergence here?

[cascadiance]

45. Erwin Chemerinsky noted Souter rumors last October... I say we make HIM the replacement justice!

This is an interesting article from Erwin Chemerinsky, now dean of UC Irvine law school (in a constroversial chain of events, as they initially held up his hire due to other being concerned he was too "liberal"). I say we make this constitutional expert the justice to replace Souter!

http://www.latimes.com/news/opinion/la-oe-chemerinsky7-2008oct07,0,6051351.story

The candidates and the Supreme Court
The Supreme Court's makeup could change dramatically depending on whether McCain or Obama is elected.
By Erwin Chemerinsky
October 7, 2008

Why are the two major presidential candidates virtually ignoring the importance of this election in determining the composition of the Supreme Court and the future of constitutional law? One of a president's most long-lasting legacies is in the judges he places on the bench. Justice John Paul Stevens, now 88 years old, was appointed by President Ford in 1975. If John G. Roberts Jr. remains on the court until he is 88, he would be chief justice until 2043.

Although the candidates' mentions of the issue have been few, it is clear that there is a sharp difference between them as to what type of individuals they would name to the Supreme Court. John McCain has said that he would appoint individuals like Roberts and Samuel A. Alito Jr., and that he admires the judicial philosophies of Antonin Scalia and Clarence Thomas. Barack Obama voted against the confirmation of Roberts and Alito and has said that he would appoint justices like Ruth Bader Ginsburg and Stephen G. Breyer.

The issue of judicial appointments is particularly important in this election because there are almost sure to be vacancies on the Supreme Court during the next presidential term. It seems unlikely that Stevens will remain on the court until 2013, when he would be 93. Ginsburg is 75, and there is speculation that she might retire. It also has been widely rumored that David H. Souter wants to retire and go home to New Hampshire.

...

Moreover, the candidates -- especially Obama -- seem to want to avoid the underlying constitutional issues. For example, Obama rarely emphasizes his support for abortion rights, being content to say that the goal should be to decrease the number of abortions. Nor does he see political gain in defending affirmative action or the rights of suspected terrorists.

But this strategy may be a serious miscalculation in what is likely to be a very close election. Each candidate needs to turn out his base of support, which does care about this crucial issue. Equally important, there may be appeal to key groups of undecided voters, such as Republican women, Latinos and younger voters.

Interesting to read the defensive comments from right wingers on this article...

I want someone like Chemerinsky to bring a more thorough and progressive understanding of the constitution. For me Chemerinsky fits this description nicely! Here's another article that is an interview with Chemerinsky that shows his view on many issues, including rights for prisoners of Guantanamo whom he's personally helped represent...

http://writ.lp.findlaw.com/commentary/20080918_ali.html

On Corporate Personhood, here's an amicus brief where he argues against Nike's claim for "free speech" as not being constitutionally protected.

http://www.reclaimdemocracy.org/nike/congress_brief_forkasky.pdf

We should also DEFINITELY call all of our senators to make sure the question of the constitutionality of the MOST judicial activist (make that COURT CLERK activist) decision of "corporate personhood" is a question that is asked of potential candidates that are considered when nominations are screened.

[WI_DEM]

29. I don't think this proves anything, but if Souter goes I'll miss him

he's been a pretty good justice and a big disappointment to the GOP.

[OmahaBlueDog]

32. Link here

http://www.yahoo.com/s/1065644

"A source says Justice David Souter has told the White House that he will retire from the Supreme Court at the end of the court's term in June. The source spoke to The Associated Press on condition of anonymity because he was not authorized to speak for Souter."

[RufusTFirefly]

37. Say hello to Justice Ken Starr

Hey, you gotta reach across the aisle!

:sarcasm:

[OmahaBlueDog]

42. Archibald Cox is a Special Prosecutor I could get behind: Starr.. not so much

I hear Elliot Spitzer is looking for something

[chill_wind]

43. Democratic SCOTUS picks (SCOTUSBlog)- a list

of 30 names compiled in 2007. (pdf with links to the bios of each).

http://www.scotusblog.com/movabletype/archives/Democratic%20SCOTUS%20Picks.pdf

An interesting starting place.

[sicksicksick_N_tired]

44. I actually cried when Sandra left.

She was a committed judge of law, replaced by a,...whore to ideology/politics.

This guy, is the same,...appointed with hopes he'd be a right-wing whore. He tried to stay on the track of justice. He tried.

If he's leaving, I'll give him a salute, without pause!!!