Breaking: Justice Souter Retiring
According to NPR, Justice David Souter is planning to retire from the U.S. Supreme Court at the end of the current Term.
Souter is expected to remain on the bench until a successor has been chosen and confirmed, which may or may not be accomplished before the court reconvenes in October.
Arlen Specter’s switch from Republican to Democrat looms even larger now.
We’ve reached out to the SCOTUS public information officer, but have not yet received comment. (We’re not surprised, though, since we reached out at 10:25 p.m.)
Update (11:47 p.m.): The PIO got back to us:
Justice Souter has no comment.
If true, Souter’s retirement would do little to change the balance of the court. Remember:
An Obama pick would be unlikely to change the ideological makeup of the court. Souter, though appointed by the first President Bush, generally votes with the more liberal members of the court, a group of four that is in a rather consistent minority.
Souter’s retirement is not entirely surprising to regular Above the Law readers. Earlier this month, we — via Underneath Their Robes — told you that Souter hadn’t hired any clerks for the October 2009 term.
Let the jockeying begin for Obama’s first SCOTUS nomination. We invite you to suggest nominees in the comments. Maybe we’ll do a poll…
Update: The BLT has an early line on possible nominees, after the jump.
Here’s the chatter from Tony Mauro at The BLT about possible nominees:
[M]ost of the names that have been mentioned as possible Obama nominees do have judicial or academic experience. Some of those names:— Sonia Sotomayor, a Hispanic female who sits on the U.S. Court of Appeals for the 2nd Circuit.
— Elena Kagan, the former dean of Harvard Law School who is less than two months into her tenure as the first female U.S. solicitor general.
— Harold Koh, the former Yale Law School dean and an Asian-American, whose nomination as State Department legal adviser is pending.
— Kathleen Sullivan, the former Stanford Law School dean and a partner in the New York office of Quinn Emanuel Urquhart Oliver & Hedges.
— Diane Wood, a judge on the U.S. Court of Appeals for the 7th Circuit.
— Kim Wardlaw, a judge on the U.S. Court of Appeals for the 9th Circuit who is Hispanic.
— Massachusetts Governor Deval Patrick, a former assistant U.S. attorney general for civil rights who is African-American.
Obama’s Cabinet also includes several lawyers who have been cited as potential candidates: Secretary of State Hillary Clinton and Homeland Security Secretary Janet Napolitano, both women, and Interior Secretary Ken Salazar, who is Hispanic.
Supreme Court Justice Souter To Retire [NPR]
An Early Line on Possible Souter Replacements [BLT]
Earlier: Supreme Court Retirement Watch: Justice Souter?
Arlen Specter, Ranking Republican Member on Senate Judiciary, Switches Parties
(247) 
Comments
Not Souter!
First?!? Better then outlining anyway.
First?!? Better then outlining anyway.
First my dreams of owning a Sebring are dashed, now this. What a day.
If this interferes with Obama's other legislative priorities, and he relied on Souter's promise not to retire, he may have a promissory estoppel claim against Souter, and those who are harmed by Obama's failure to pass legislation that would help them may have derivative standing. Section 90 of the Restatement may provide some guidance. Does anybody have any experience suing public officials who lie about their intention to continue serving?
Elena Kagan to First!
Congrats, 5. You had the first funny estoppel comment on ATL
First my dreams of owning a Sebring are dashed, now this. What a day.
supreme courTTT?
Elie: Why did it take you so long to post this? If Lat was here he would've broke the story. Oh man...he gunna be mad atchu!
Kagan? Sullivan? Sunstein?
First. To being jockeying. Oh, Elie, you may use another name to post, but we'll know it's you.
So will he come out of the closet now?
Obama should immediately appoint Judge Judy- Her Opinions would be devoid of Law, but what the lacked in authority they'd make up for in tough love!
VALERIE JARRETT FTW!!!
NPR News (West feed) reports that Obama will nominate Noam Chomsky.
At least none of the relevant justices (the majority) are retiring. Someone has to keep King O, Pinky Reid, and Nasty Pelosi in check.
I hope he gives the job to Nervous Top 10 1L.
Diane Wood
Thanks for explaining that "Souter's retirement would do little to change the balance to the court." This kind of incisive commentary is exactly why I read this blog.
LOUIS CALDERA (Director of Obama's Low-Flying Airplane Photographic/Mass Hysteria Missions) TO SUPREME COURT JUSTICE!
LOUIS CALDERA (Director of Obama's Low-Flying Airplane Photographic/Mass Hysteria Missions) TO SUPREME COURT JUSTICE!
LOUIS CALDERA (Director of Obama's Low-Flying Airplane Photographic/Mass Hysteria Missions) TO SUPREME COURT JUSTICE!
MSNBC reports Obama will nominate the 12 year year old boy who hosts The Rachel Maddow show.
Deere Mr. Presadent:
Iz can haz robe?
Watch out for 3d Circuit's M. Rendell. Rumor is Rendell orchestrated the Specter switch with eyes on her getting the SCOTUS nod.
Diane Wood. Boom.
Who the hell cares? Celtics/Bulls game is in the third overtime!
Specter's switch means nothing.
1. Dems already controlled a majority of the Judiciary committee so the nomination was going through not matter what.
2. Specter would have voted to approve whoever it was, even if Specter had stayed in the Republican party.
KAGAN or HOLDER?!??!?!
who can survive the vetting?
who has the dirtier dossier?
Say hello to Justice Sotomayor.
Specter's switch means nothing.
1. Dems already controlled a majority of the Judiciary committee so the nomination was going through not matter what.
2. Specter would have voted to approve whoever it was, even if Specter had stayed in the Republican party.
26 -- Two words: Sonya Sotomayor.
Guaranteed his appointment will be a woman...a Mexican woman, most likely.
If only we could clone Antonin Scalia...
It is gonna be Kagan. You can't trust Soto to be a real liberal.
I just hope Obama makes as big a mistake as Bush 41 did in nominating Souter.
I just hope Obama makes as big a mistake as Bush 41 did in nominating Souter.
Sotomayor is not liberal enough for this pick. He's going to go crazy liberal on this one. It'll be awesome.
Two words: Justice Biden. Put him in the liberal minority where no one will pay attention to what he says.
Breaking news! Robert Bork to SCOTUS!
Maybe he'll just put the names of the CJs in Mass, Iowa, and Cal in a hat and see what happens.
He's got the votes.
Smart of Souter not to hire clerks if he knew he was going to retire. This way, he won't be vulnerable to any reliance -- ie promissory estoppel -- claims down the road. At least that's my reading of Restatement 90.
Swine flu to SCOTUS!
Posner's time to shine.
*takes call from unknown number w/DC area code...immediately backs bags*
aahhhhhhh yeah, looks like i won't have to do oci after all.
-nervous T-10 1L
soon to be nervously testifying before the Senate Judiciary Committee
42, that's flat wrong. He may be liable on a promissory estoppel theory to those who didn't look for jobs, thinking he would have to hire clerks at some point down the line. His liability would, of course, be capped at the would-be clerks' detrimental reliance. To avoid promissory estoppel liability, he should have announced this long before clerk hiring season even started. Section 90 of the Restatement makes this clear.
Michelle Obama. Boom.
I'll give 8:1 on Obama nominating Judge Roy Moore from Alabama.
It would be Posner's time, except for his epic douchebaggery and asshat fetish. Oh, and the fact he's an idiot may also hinder him.
4: If you watched The Office, you'd have had your hopes of buying a new Sebring dashed before today
It's Sotomayor or Kagan or Obama lied to a whole bunch of Dems.
My heart is with Kagan. But my head is with Sotomayor. Some people suggested that Kagan took the solicitor's job because she was told Sotomayor was first in.
The people in the know in Chicago are *convinced* it'll be Sotomayor and can't be talked down.
Either way, how 'bout J.P., just not giving a f***? He thinks he's going to outlast CJ Roberts.
--Elie
Any thoughts on David Tatel? He's a little old (67) but has solid liberal creds and is a complete bad ass atoral argument.
Who ever is doing the Restatement 90 schtick -- that has to be the dumbest schtick since hamburgler. At least that guy had the decency to stop.
28 - if its that exciting why are you posting comments on ATL??
OBAMA for SCOTUS!!!!
Diane Wood. Boom.
Obama resigns, Appoints Self. You heard it hear first.
Bye bye to one of the least memorable Justices in living memory. How this Norman Bates-like person ever made it onto the Court will forever remain a mystery.
That said, Souter, while a liberal, did side with business interests on jackpot punitive damages and Obama's big backers were the unions and the plaintiff lawyers who represent them. Look for some pro-plaintiff hack over someone like Sunstein whose Risk and Reason approach would look too much like Breyer's to Obama's puppetmasters.
57, so he will resign and THEN appoint himself? FAIL
Zombie Taft?
42 and 46 are both wrong. The true reliance victims here are those who went to law school specifically to clerk for J. Souter. My reading of Restatement 90 tells me that these students will be able to recover at least the value of their tuition in damages, if not the average Supreme Court clerkship bonus of a white show law firm, too.
Katyal.
34 - are you thinking of particular mexican woman? please enlighten us.
Oh, and by the way, not all hispanic women are mexican.
Samuel B. Kent. Boom.
According to ABC News, Justice Thomas had this to say: "Who?"
Kozinski!!
Harriett Meyers. Boom.
You guys are missing the most obvious Restatement 90 victim here -- Bush 41 who relied on Souter to put a modicum of conservative jurisprudence into his though process. Souter owes Bush 41 big time and may even see his house turned into a museum over it.
James Sokolove. Boom.
61, you're on the right track. You forgot to account for the cost of LSAT preparation, plus the foregone income of not going into a more lucrative profession. Reread Section 90.
Erin Brockovich. Boom.
I'm just thinking out loud here, but if Souter relied on Nina Totenberg to tea-bag him in exchange for giving her the scoop on his retirement, and she actually bit off his testicular sack instead, does a promissory estoppel claim with detrimental reliance seem to be an issue? Even Restatement 90 says yes, but I'm not sure.
Katyal FTW. Obama better put him on the bench ASAP
Mark Drier. Boom.
Too bad Andrea Dworkin died. Twofer.
Me.
Mark Levy. Boom.
oops...
You silly fools. Is it really going to take nearly an hour before someone names the Oracle herself? Freed from the bonds of her pesky Las Vegas job and ready to roll (because she's too fat to walk) into DC, ladies and gentleman, I present to you United States Supreme Court Justice Elizabeth Halverson.
51-Elie, what is your source that it is Kagan or Sotomayer? Perhaps a post would do the trick.
This is awful news for Republicans and NYU Law grads (the two groups don't have much overlap). Souter was the only justice who routinely hired NYU grads so NYU will get even less law clerks (if that is possible) in the future unless Revesz starts doing a better job of kissing conservative justice's asses.
It is terrible news for Republicans because Souter should have and could have retired during the Bush presidency. If he were a Republican as he claimed to be, he would have done that.
white girls with asian guys
katherine mackinnon FTW.
ALBERTO GONZALEZ. (he is even a mexican woman!)
You know he isn't busy.
The judge from My Cousin Vinny. Boom.
77: Too soon, but still pretty funny.
Three signiicant areas of law that are apt to change:
(1) DP review of punitive damage awards
(2) Implied preemption of common law claims
(3) Booker/Blakely/Apprendi (although, it's hard to see that a new Justice would want to overturn such a sweeping and recent change in doctrine).
Oh, sorry, this is ATL. [COMMENT CENSORED]
i hope obama elects someone who is a democrat and who is young because the supreme court judges are elected for life
MysTTTal? He's black. He (supposedly) went to HLS. He's so liberal it comes out of his pores (well, it's either liberalism or McGrease). And most importantly it would get him off of this siTTTe.
hey, I've got an idea. How about everyone just tosses out names of random semi-well-known lawyers. That'd be hilarious. Yeah.
William Parente, Esq.
46: ugh. did you really just go through a promissory estoppel analysis?
85 = 1L studying for con law exam.
Most obvious statement of the day goes to..... #86
how about 88 for the job? oh sorry, not well known.
most obvious statement of the day goes to *drumroll* ........ #86.
THIS IS GREAT NEWS FOR JOHN MCCAIN!
Ginsburg's next. Anyone hear her speak lately? It's like being a half hour early to a funeral.
Either a Harvard a Yale alum, please. Preferably Harvard.
97 - Why?
97 i agree. anything but sTTTanford. that was a sandra day o'barrassment
i hope he nominates a Thomas M. Cooley alum
John Yoo.
"It is terrible news for Republicans because Souter should have and could have retired during the Bush presidency. If he were a Republican as he claimed to be, he would have done that."
-
I don't think anybody's been under the illusion Souter is a Republican for a very long time (least of all Souter himself). He's a liberal. He knew he was a liberal. We knew he was a liberal. Everybody except George H. W. Bush knew he was a liberal. So, Souter wanted a liberal to replace him. That's all there was to it.
31 - Correct. Thanks everyone else for playing.
::::::::::::::::::::::::::::::::::::::::::::::::::::
If Obama was smart, the
appointment would be obvious:
Partner Emeritus to SCOTUS!
::::::::::::::::::::::::::::::::::::::::::::::::::::
the restatement 90 comments are fucking hilarious. keep them coming!
if you do a poll, please don't let UVA cheat again
BTW, I hope you all understand what an opportunity this is.
In bringing up Souter and Kagan, this thread offers Elie the chance to obsess over liberal politics **and** Harvard at the same time.
KIMBA WOODS.......we need some sex appeal on the bench please
We need another 3 Kennedys
I predict Elena Kagan to SCOTUS!
Sotomayor as the new black rider. Love the late night posts. ATL rocks.
Sotomayor as the new black rider. Love the late night posts. ATL rocks.
more Yalies, please!
109: So, Randall, Henry, and that chick with the Buddy Holly glasses, who used to be on MTV?
What's the over-under on the number of days before someone asks Breyer what he plans to do now that he's retired?
I almost never post on this site but read it now and then, but let me express my opinion that Souter is a douche: pure, unadulterated, vaginal (or maybe anal in his case), douche. A wimp, an intellectual light weight, a failure by any measure other than, if you're a liberal, he became a reliable liberal vote. And I don't have any problem with him being a fag, but he's so lame he wouldn't even come out of the closet. I've been a lawyer for 15 years but don't go to court because I refuse to kiss judges' asses. Fag wimp moron Souter is exhibit A as why I will NEVER kiss those fukers' asses.
Souter: go back to your hermit-hole, keep your mouth shut (unless it's got a cock in it I guess), and I hope none of us ever hear about your fuking lame douche ass again.
Thank you for listening.
When I was in high school, old guys used to retire all the time. It was no big deal.
-FRAT STUD
VALERIE JERRETT COME ON DOWN!!!!
I'm just thinking aloud here but if what Mystal is saying is right (which I am sure it is) it sounds like Obama made a promise to some democrats about who he would nominate. Do you think those democrats could work up some type of argument that they relied on this promise? Maybe by giving him some campaign contributions or bribing Souter to resign? I feel like they should have some remedy. I know RSC 90 gets thrown around often. I know the comments here can get brutal but be easy on me. Just trying to think outside the box.
105 - I suppose if you have incorporaed the Restatement 90 schtick into your daily routine and Mystal was to listen to the whiners and censor such comments, you may have a slam dunk promissory estoppel claim under (ironically) Restatement 90. I'm only guessing now but will ask my contracts professor in the morning.
105 - I suppose if you have incorporaed the Restatement 90 schtick into your daily routine and Mystal was to listen to the whiners and censor such comments, you may have a slam dunk promissory estoppel claim under (ironically) Restatement 90. I'm only guessing now but will ask my contracts professor in the morning.
Ameobi!
Our prayers go out to his family and friends.
When I was in high school, we used to give 116 wedgies all the time. It was no big deal.
-FRAT STUD
Eliot Spitzer to SCOTUS! Final step to rehab!
119, you are on the right track but do not go far enough. See, republican voters also relied on his promise that he would nominate liberal justices. If they can show that that reliance reasonably led them to vote for a republican candidate, then Obama basically forced them to vote for a republican in order to prevent this. Ironically, should Obama nominate a conservative jurist, that would probably give rise to a promissory estoppel action by conservatives also.
I think Restatement 90 is pretty on point on this one.
Cases have consistently held that detrimental reliance shall be awarded to those who relied (to their detriment, of course) on a promise. Assuming that you can prove a promise from the RNC to appoint conservative judges to overturn Roe v. Wade (which is pretty obvi), I think all the unborn for the next 20ish years have a claim against the RNC, and perhaps even treble damages for their lost wages over the course of an average life. I'm not a lawyer yet, but I'm pretty sure that there's something in the Restatements that's pretty clear about this.
Finally, an opportunity to get Michelle out of the damn garden!
Finally, an opportunity to get Michelle out of the damn garden!
I just hope the Democrats' appointments to the Court prove as loyal as the Republicans'
77 rules
Am I the only one who laughs so hard it hurts whenever I read a Restatement 90-related post?
Posner.
63 - Must we bring political correctness into this completely serious conversation....
My money's on Ann Coulter. She went to Michigan Law, clerked for the 8th Cir., and is a prolific author.
Who can argue with those creds?
Put O'Connor back.
Jackie Childs. Boom.
116 = law school tough guy
132 - If you rely on this blog to get legal news and end up getting hurt from laughing, you might have a promissory estoppel claim. I'm not 100% sure, but I think it might be worth looking in to it.
132 - no, you're not the only one. hopefully, they don't get too frequent, so that the laughter can last for many-a-post after this one.
http://en.wikipedia.org/wiki/Reena_Raggi
Bill Ayers. Boom.
the section 90 comments are pure gold, keep em coming!
If you look at a picture lineup of the people being forwarded for the Obama nomination, they look like the case of RENT aged 35 years.
*cast
90 -- ironic post, given your post number.
Jeremiah Wright. Boom.
My gut is saying he'll choose Judge Lance Ito from the 1st OJ trial. Insert you own comments
Kim Wardlaw, 9th Circuit. You heard it here first!
102-
Souter was considered a moderate conservative who claimed John Harlan as his role model. Ted Kennedy voted against his confirmation. http://www.lasvegassun.com/news/1996/may/20/justice-souter-a-yankee-republican-in-conservative/ Souter still claims ot be a Republican and lies about his viewpoints. HW Bush outsourced his pick and he paid the price but most thought Souter was a reliable conservative vote at the time.
Jose A. Cabranes, 2nd Circuit
Given Justice Souter's outrage at the opinion in Bush v. Gore, it's nice to see that he didn't use his retirement as a means of furthering his own political preferences.
Oh wait...
Baseless prediction of someone not in the know: Kim McClane Wardlaw or Sotomayor. Whichever one it is not will get the seat when Ginsburg retires.
Hey, all this promissory estoppel / Section 90 stuff is really interesting and innovative. I'm a 3L and my firm rescinded my offer due to the economic environment. Do you think the analysis applies to my situation?
So when I started packing my office up for the night a couple hours ago, my supervising partner walks into my office and says he needs a memo on his desk by 8:00 AM tomorrow morning. He says the case is about one of his clients who spent millions litigating a case to the Supreme Court, relying on a promise that Souter gave him at a cocktail party that Souter would be able to swing 5 SCOTUS votes his way. I'm trying to find relevant PA state law on the matter. Can anyone give me a good starting point?
149, great find
Following in Taft's (ginormous) footsteps will be Justice William Jefferson Clinton.
Clinton has a promissory estoppel claim against 156. Restatement 90 is clear on this.
Clinton has a promissory estoppel claim against 156. Restatement 90 is clear on this.
149, "HW Bush outsourced his pick and he paid the price but most thought Souter was a reliable conservative vote at the time."
-
102 here - Bush was a fool to do it (and I say that as someone who leans to the right and with the bitterness appropriate to that). I see nothing in the article (and I'm aware of nothing previously) that would have led anybody to believe Souter was more than, at best, a somewhat/kinda/sorta occasionally conservative leaning moderate. If you're going to roll the dice like that, you run a greater chance that you'll lose and have less ground to blame other people if it goes badly. If Bush is going to outsource a decision like this to Warren Rudman, what does he expect?
I'd be especially annoyed if Souter's northeastern WASP background played a role in Bush not looking at him with more scrutiny (I don't know that it did, but I wonder about that).
Either way, nobody, and I mean nobody, has considered Souter to be a Republican on the Court for a very long time.
two words: Justice Blagojevich
If Clinton's promissory estoppel claim against 156 fails, he has a promissory estoppel claim against 157 (assuming he can prove reliance damages, of course). Restatement 90 is clear on this.
"While we might not assign a high rank to the parodic element here, we think it fair to say that 2 Live Crew's song reasonably could be perceived as commenting on the original or criticizing it, to some degree. 2 Live Crew juxtaposes the romantic musings of a man whose fantasy comes true, with degrading taunts, a bawdy demand for sex, and a sigh of relief from paternal responsibility. The later words can be taken as a comment on the naivete of the original of an earlier day, as a rejection of its sentiment that ignores the ugliness of street life and the debasement that it signifies. It is this joinder of reference and ridicule that marks off the author's choice of parody from the other types of comment and criticism that traditionally have had aclaim to fair use protection as transformative works. "
Campbell v. Acuff-Rose, 510 U.S. 569 (1994) (Souter, J.)
Here, and granted this is from Wikipedia, but:
http://en.wikipedia.org/wiki/David_Souter
"The Wall Street Journal described the events leading up to the appointment of the "liberal jurist" in a 2000 editorial, saying Rudman in his "Yankee Republican liberalism" took "pride in recounting how he sold Mr. Souter to gullible White House chief of staff John Sununu as a confirmable conservative. Then they both sold the judge to President Bush, who wanted above all else to avoid a confirmation battle."[10] Rudman wrote in his memoir that he had "suspected all along" that Souter would not "overturn activist liberal precedents."[2] Sununu later said that he had "a lot of disappointment" about Souter's positions on the Court and would have preferred him to be more similar to Justice Antonin Scalia.[2]"
It cant be Blago; the reality show he's on would definitely have a reliance claim against him if he left early.
Breaking News: Obama Nominates Binder *and* Binder. Boom.
AKHIL REED AMAR...end of story.
145: Comment 90 isn't irony.
Obama's hometown hero, Justice Peter Francis Geraci?
There is a long tradition of justices (and assassins or serial killers, for that matter) with three names. John Paul, Ruth Bader, and Peter Francis... I like the sound of it.
Wildman Harold to scotus.
Whoever Obama chooses, I hope they have their tax returns in order. Because if they represent to the Obama vetters that they do, but then get exposed during the confirmation hearings, the Obama administration could probably bring some sort of action against the nominee. Now, if only I knew off the top of my head what that cause of action would be....
Bill Clinton.
Take that Hillary!
Boom (?)
So is CJ Roberts getting a demotion? There's no requirement that CJ stay CJ. Or will Prez O decline to pull that?
On another note, Hughes Hubbard & Reed conducted stealth layoffs two months ago and gave associates until today to leave. They are economic layoffs yet HHR refuses to concede this to potential employers. There were 5-10 people that were affected by this and I am not even sure they got a severance other than the two month notice. Not a single person who got canned that I spoke to has found another job and no one at HHR is planning to help.
Oh, and HHR told associates just over a month ago that they were not doing layoffs. This was after they laid people off.
Elie, please report.
It would be great payback for the oath.
Obama will appoint himself.
Can Obama Restatement 90 himself? Isn't there a provision of the Restatement that's clear on this?
SimmonsCooper keeps Obama and Biden on short leashes. She'll be a plaintiffs' lawyer whore out of the Barbera Boxer mold. Bank on it.
Open letter to Nervous T-10 Clown:
Beat it.
Signed,
Everyone
KAGAN!!!
172 - I think the demotion scenario might run into some constitutional problems b/c somewhere in there i believe it says that the compensation for federal judges may not be reduced during their service, and the CJ makes a few thousand dollars more than the regular Js.
I think Judge Frank Hull of the 11th Circuit (Atlanta) would be an ideal pick. She's liberal, but a solid jurist, and it'd be nice to have a non self-hating African-American on the Court to balance out Thomas. Also, hitting two demographics (African American and females) with one nominee would do wonders for the Court's diversity.
First, fighting the demotion fight would be politically idiotic. But, one way to solve the pay problem is to raise the pay of the associate justices higher than the CJ's is now. THAT problem solved. But again, it would be idiotic.
Why not put A-Rod in there to replace the gay vote... He's going to be out of work soon.
Mark Levy. Boom.
Johnnie Cochran.
Baby Sun-Power?
I believe Richard Revesz (NYU Dean) would be an excellent selection.
If CJ Roberts were demoted, I think that (but I'm not a lawyer here) that he'd have a promissory estoppel claim. Isn't there something in the Restatement about this?
Marisa Tomei to SCOTUS! (I mean, did you SEE her in The Wrestler? Sccchhwing!)
Dr. Sanjay Gupta. Boom.
(only thing to save us from swine flu)
Charlie Nesson to SCOTUS. Boom.
Kim Wardlaw is not SCOTUS material- you heard that here first.
Seriously, why is Wardlaw on this list? Way better people out there. Hey, at least it would give work to some plastic surgeon or dermatologist in D.C.
Justice Sears. BOOM
Justice Sears. BOOM
Please....one of the Law Tigers. Please!
Please....one of the Law Tigers. Please!
Kathleen Sullivan, pretty please!
My .02: While she may get confirmed easier, is Soto liberal enough (this was Brennan's seat, after all)? Probably not Kagan (= two confirmations, plus she'll get Ginsburg's spot). Koh is too controversial (but Obama's got the political capital and 60 right now). Deval Patrick's a dude. Don't think Granholm is a good fit - she's better as a politician than a judge. Does Sullivan have any baggage (too academic + BigLaw)? My guess is it may be Wood or Wardlaw - there's enough of a track record to evaluate. That said, I'd love to watch any of the aforementioned lay the smack down to some tea-bagging golly-waddling small-tent senators.
As a HLS student-scholar, I feel very honored that most, if not all, of the serious contendors for the spot of "Associate" Justice of the Supreme Court of the United States of American (AJSCUSA) is HLS-affiliated. It is a true honor to be also affiliated with this hallowed institutiion, and I feel that, in spite of everything, this is yet additional evidence that our venerable and hallowed school shall be named #1 on the lists of law schools. I think it is quite suspect that none, or, at least very few of the rumored nominees are non-HLS affiliated. That is just a personal observation, and obvioulsy not primae facie evidence of anything, but I feel that it is persuasive of our hallowed school's reputation.
Evite to the Above the Law community:
I will throw an epic, epic block party if Nervous T-10 1L gets hit by a bus, sucked into a jet engine, or falls into a spike pit.
See you there.
Bill Clinton was disbarred from SCOTUS bar. Would be interesting.
Sullivan would have to answer for botching the CA bar exam. Humiliation.
So are we talking Restatement of Contracts sec. 90, or the Restatement (Second) of Contracts sec. 90?
kthxbye.
Incoming SCOTUS clerk. Heard about all of these retirements and Restatement 90s.
Am I fail?
Wow. So he's going to probably get 3 picks in his FIRST term. Wow. These are going to be real liberals, not pro-business/pro-civil liberty types on the court now. I suspect a leftward shift of the court, closer to something resembling the Warren Court. This is a big deal guys. Remember, Kennedy is weak-minded and malleable -- a progressive Scalia appointed by Obama could do a lot to move the man over!
Right 205. Which is why Obama should pick a jedi. It would work on everyone except Jabba.
Specter wouldn't have hampered Obama's pick -- the guy voted against Robert Bork. I can't wait to vote against Specter in the 2010 Pa Senate election.
Don't let the door hit you in the ass on the way out, Souter.
132, yes. It is clearly one person making all these stupid Restatement posts and clearly one person making all the posts pretending that they're funny.
First, Frank Hull is white.
I think we'll hear a lot of rumors about McKeown, Sotomayer, and Wardlaw. In the end, I think it will go to Wood.
I think that it is absolutely horrible how political this process has become. The fact is not a judge willing to express her views on how she will likely vote it more likely to get appointed than someone who has an honest and consistent jurisprudential view.
Wardlaw!!!
Chances are Obama will nominate a woman/minority who is FAR LEFT (not just left of center) so that when all of the Republicans vote against then nomination the Dems can scream about racism/sexism.
WHERE IS BLAHMAH GOING TO FIND A NOMINEE WHO (1) IS HOMOSEXUAL, (2) HISPANIC, (3) FEMALE, (4) LIBERAL, AND (5) A TAX DELINQUENT??????? I ENVY HIS TASK.
Leah Ward Sears....Chief Justice of the Georgia Supreme Court
I've got a great idea---how about Obama appoints a minority woman! That way, he can take stock of the widest, most highly qualified group of applicants, and make a decision based on who is best-suited to occupy a lifetime seat on our highest court. Because, you know, there are *so many* highly qualified minority women out there.
I really look forward to hearing what Obama's teleprompter has to say about all this. Did you know that teleprompters are not subject to term limits? Just a thought.
Why are all the suggestions minorities? Yes, there are qualified minorities, but there are also qualified non-minorities. Just because Obama is a minority doesn't mean everyone he picks has to be. How about we find the most qualified candidate and disregard gender/ethnicity/religion/etc.
GO BACK TO VACATION LAT
LOL @ 214
I hope the replacement for Souter, pulls a Souter on Souter.
If Obama really wants someone with "real-life" experience, How about a nominee that didn't go to Yale, Harvard, or Standford...or has anything to do with those schools.
77: lol'd irl. To the Restatement 90 trolls: Doing ONE such post per thread is funny. Shitting all over the thread with it completely ruins the joke.
Partner Emeritus.
These theories of who will replace Souter only serve to demonstrate how little you all know about what is being said in the inside track.
Those in the know all agree that the spot is going to a certain Fordham professsor who claims he "has the goods" on Scalia.
Ode to Souter, J.
So now Justice Souter departs
Having broken conservatives' hearts
By being appointed
(or maybe anointed)
Then changing which team he supports.
Now that we have a black POTUS
We'll see a more colorful SCOTUS.
Will it be Sotomayor?
Is Kagan a player?
News flash! Obama just wrote us:
"I'd like to confirm a suspicion;
This was not an easy decision.
But HALVERSON's right!
She'll crush the right -
A liberal of epic proportion!"
The curtains are being cut down
To make Halverson's new gown.
Her throne was replaced
By a scooter with haste
More McDonalds popped up around town.
Now you commenters will likely all spooge
Because I've told you the news of this scrooge.
But moderate your mood
And above all: guard your food,
You ain't never seen a justice this huge.
-- by: The Lim Ricker
The Supreme Court has a different kind of diversity problem that's unlikely to be fixed with a Harvard apologist in the White House.
"Not Just Harvard" by Daniel J. Meador:
http://www.law.com/jsp/dc/PubArticleFriendlyDC.jsp?id=1202429375981&hub=TopStories
Judge Frank Hull!!
lol a "progressive scalia". can you imagine a liberal that makes well reasoned, convincing arguments? that'll be the day
The AJC is reporting that Sears is a potential nominee. http://www.ajc.com/news/content/news/stories/2009/05/01/supreme_court_sears_patrick.html?cxntlid=homepage_tab_newstab
Long live the Limericks! Restatement trolls, die!
Sears would be an absolutely phenomenal choice. Finally, someone with a different set of experiences than "born and raised in the northeast, attended Harvard and served as a fed appeals court judge." I still can't believe Jennifer Granholm is even displayed on possible nomination lists.
We're all screwed.
Sotomayor brings you diversity in terms of gender/ethnicity, but definitely not religion. She's cathoic, just like five other justices.
Knowing Obama he will probably appoint himself. . .
Knowing Obama, he will probably appoint himself. . .
God, I'm such a fucking retard for visiting this retarded site. What's wrong with me?!
I once had an anonymous sexual encounter with an associate justice of the Supreme Court in a stall in the men's bathroom of the Minneapolis airport.
It was Thomas.
Souter is leaving the Court,
The newspapers all report.
But who will replace,
That legal disgrace?
Bob Bork deserves your support!
- Another Trite Limerickist
116 here. It was pretty funny when Souter was roughed up by some punks, they were probably let out of the pen b/c of some liberal BS ruling of Souter's.
http://www.nytimes.com/2004/05/02/us/justice-souter-is-attacked-while-jogging.html?n=Top/Reference/Times%20Topics/Subjects/J/Jogging
All in favor of Stevens K....
On the short list is also H. Kent Greenfield, professor of law at Boston College. Mouthpiece for the liberal media, gay rights supporter, former DHS clerk, big Obamaniac, ChiLaw grad....
You heard it here first.
Deval Patrick kinda sucks as a governor. Not as bad as Mittens was though. Seems like he'd be better suited as a Supreme Court justice.
I hope this appointment works out as well for Obama as the Bush appointment of Souter.
Hillary would be just fine by me. At least she would have to worry about billing more than 24 hours a day like back in the day at The Rose Law Firm.........
216-so true.
I agree ... Obama should appoint Partner Emeritus!!!
200 - Please stop devaluing my degree. I hurt our venerable institution enough with my own antics; I'm not sure the H can take the brunt of our combined ignorance.
77 - Superb. Loved it.
116 - That much gay-hate makes me think you have a few same-sex encounters in your past you have no idea how to deal with.
Now back to my pro bono typing shit since I have no corporate work in my department.