I’m sad to see Justice Stevens leave the Court for a variety of reasons that have been well documented by people smarter than me. I’m also excited to some change on the Court because the liberal wing needs a change of pace after it’s dismal performance thus far in OT09.
The biggest problem, at least [...]

A lot of people have been asking me over the last few days whether or not I think President Obama will go for a bold nominee or select a safe person who can be easily confirmed. Frankly, I’m not sure but if I had to bet my house it would be on Elena Kagan.
If [...]

Adam Liptak provides some new information on Justice Stevens’ retirement decision here. In short: he hasn’t decided yet.

Honestly, I’m not sure how I feel about the healthcare reform bill that will be signed into law in the coming days. A more interesting question, and one more relevant to this blog, is what effect its passage might have on a potential Supreme Court vacancy this summer.
Because of his victory yesterday, the President is [...]

As the term winds down, the Court will begin releasing opinions pretty rapidly. There are 14 cases left and the Court will decide all of them by June 29. Here are a few of the most important left to be decided, sorted by the date they were argued:
Melendez-Diaz v. Massachusetts (07-591) (Argued November 10, 2008) [...]

Most news sources are now reporting that President Obama is narrowing in on his nominee for the Supreme Court and will likely announce his decision next week, just before leaving on a lengthy foreign trip in early June.
More specifically, Fox News is hypothesizing that the pick will be announced either Tuesday morning or Friday night [...]

President Obama gave the commencement speech at Notre Dame earlier today and spoke primarily about abortion and other social issues. You can find a full recap from the New York Times here.
I don’t ordinarily take note of political speeches coming from the White House, but I have to think about whether or not the President [...]

The Court issued a press release in which Justice Souter’s colleages expressed their best wishes towards him. I’ve reprinted them in full below:
STATEMENTS FROM THE SUPREME COURT
REGARDING JUSTICE DAVID H. SOUTER’S RETIREMENT
May 1, 2009
Chief Justice John G. Roberts, Jr.:

Justice Souter has served with great distinction on the Court for nearly 20 years. His desire [...]

Justice Souter has officially given President Obama notice of his intent to retire at the end of the current term. His notification seemed to suggest that he will not remain in his position until his successor is seated.
Thanks to SCOTUSblog, we can see the Court’s press release here and Justice Souter’s letter here.
You can read [...]

Despite all the talk of Justice Souter’s importance to the Court, the proposition that Justice Souter has had a minimal impact on the Court’s most controversial issues is generally true. Since the beginning of OT06, Justice Souter has issued just 1 of 39 5-4 opinions and this lone 5-4 majority opinion was handed down less [...]