Several sources are reporting that Justice Souter will retire at the end of the term (NBC here).

It isn’t terribly surprising, ATL had been reporting that he hasn’t hired terms for OT09 and UTR reported on a clandestine meeting between Justice Souter and Senator Patrick Leahy, Chairman of the Senate Judiciary Committee.

Assuming that the news agencies are correct: What now? Well, if Justice Souter confirms the stories and officially announces his resignation soon, President Obama may take the next few months to choose a nominee and he may even nominate that person before the Court finishes its term.

Because he did not hire any clerks, it is likely that Souter will announce his retirement immediately upon the conclusion of the term, unlikely Justice O’Connor, who announced that she would resign as soon as her replacement was seated. It is also possible that he will take the same path that O’Connor took and simply ask his clerks to stay on a bit longer. Ordinarily, when a Justice announces his retirement at the end of a term, their successor is confirmed by the first Monday in October.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Supreme Court Releases Four Opinions; Ten Remain: The Supreme Court released four divided opinions today including a very interesting case rejecting an inmate's right to test the DNA used to...
  • Lawyers Admitted to the SCOTUS Bar: Stats come from the Journal of the Supreme Court. .PDF
  • Early OT09 Stats: I've finally finished the first edition of my OT09 statistics. First, the links: Term Index and Term Opinion Breakdown. Honestly, the nam...
  • Frequency of Consecutive Opinions Release Days: I've taken a look at the number of opinion days in a given week from OT06 to OT10. In other words, I've taken a look at the number of times ...
  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...