Supreme Court Retirement Watch: Justice Souter?
Over at the relaunched Underneath Their Robes, where Article III Groupie has been joined by Clerquette, there are some juicy tidbits about Justice David H. Souter.
It seems that DHS may — or may not — have met recently with Senator Patrick Leahy, chairman of the Senate Judiciary Committee. It also seems — but correct A3G if she’s wrong — that he hasn’t hired law clerks yet for October Term 2009 (even though such clerks would have to start in July, just a few months away).
Two possibilities come to mind: (1) Justice Souter is retiring, at the end of this Term; or (2) Justice Ruth Bader Ginsburg is retiring, and Justice Souter is keeping spots open for some of RBG’s hires (for OT 2009 and/or OT 2010). It’s a tradition at the Court for justices to take in the refugee clerks of their retired or deceased colleagues.
You can read the full post over at Underneath Their Robes.
Some Souter Speculation: A Secret Rendezvous with Senator Leahy? And What About the Clerks? [Underneath Their Robes]




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Souter? I hardly knew her.
first??
On the putting green he goes by Souter McGavin.
I think you're overlooking the obvious possibility that in these tough economic times, the Supreme Court may have to lay off a justice or two.
Word on the street is that Souter accepted a one-year sabbatical program for 60k. He'll be starting at Greater Boston Legal Services in August.
Souter is a joke--easily the worst, and stupidest, Justice on the Court. If he goes it'll be addition by subtraction. Everyone--Reps & Dems--win w/ Souter gone.
5 - Ha! That was great!
There is nowhere good to eat in DC, so don't ask.
My 3500 sq ft wife just ate DC.
so obama's going to get 2 of these things to fill soon? awesome.
I know it's not directly on point, but i am flying in to DC to attend a prestiguous deferred associates job fair to be held at the esteemed Washington Hilton.
Can anyone recommend somewhere good to eat, besides Potbelly Sandwhich shop?
- Deliciously Deferred in D.C.
Cosi
#5 -- I don't think its wise to really laugh out loud at law firms in the climate -- I'm waiting for the men in the white coats to come now!
Even if he retired now, he'd need clerks to plow through all the cert. petitioner that come up during the summer. He'd never screw the Court over by refusing to hire clerks if he was leaving. O'Connor tried to retire at the end of the term but still hired clerks even though she thought she'd be done before OT05 started.
Souter has too much respect for the Court's procedures (see: camera-in-the-courtroom testimony) to stubbornly refuse to hire clerks for the summer months.
Frightening, but inevitable. Let's see which "empathetic" soul Obama picks to replace him. So long, impartiality and fairness! Hello empathy!
"she"? Really Lat?
We all know A3G is your cross-dressing alter-ego.
6: It's widely accepted that AMK is the worst justice.
4 wins.
Article III Groupie IS Lat's cross-dressing alter ego:
http://www.newyorker.com/archive/2005/11/21/051121ta_talk_toobin
http://www.nytimes.com/2006/01/22/technology/22njCOVER.html
Replacing Souter wouldn't do much to move the Court to the left.
Replacing Kennedy? Now we're talking.....
Amen, 6.
Ohhh, not Souter! Oh no!
-Homer Jay Simpson
Given his recent surge public appearances & actually making jokes at one of them, one might guess that he appears or is acting like he has a big monkey of his back (i.e., being a justice).
19 -- did you also hear that the Crocodile Hunter died and Pluto isn't a planet anymore??? ZOMG!!!1!
I, for one, am thrilled that UTR and A3G are back.
15-
You make a great point because " impartiality and fairness" are absolute hallmarks of the right side of the court!
How can anyone (commie or fascist) think Souter is worse than Thomas?
So excited that UTR and A3G are back!!! My fondest memories of law school are of sitting in con law and reading UTR. Hurrah!!!!
DHS is a terrible writer. His prose is turgid and convoluted.
CT's opinions, while sometimes crazy on substance, are more well-written.
This "Clerquette" chick is pretty funny. I like this post of hers:
http://underneaththeirrobes.blogs.com/main/2009/04/judge-greenaway-on-his-way-to-an-eagle-or-an-albatross.html
Would this mean SG Kagan moves up to the Court? If so, who would be on the short list for SG?
I think I was just molested in the elevator.
31,
Kagan replaces Ginsburg next year. It's totally obvious that the first black president's first appointment is going to be the first Latino justice. Sotomayor, come on down.
sotomayor then kagan.
Great Souter opinions to rebuke all the h8aters:
1. Campbell v. Acuff Rose (transformative use as it relates the first prong of fair use, purpose and character, pursuant to 17 U.S.C. 107) Souter makes some amazing points about parody, satire, and the 1st amendment..
2. Twombly (plaintiff pleading must meet a "plausible" standard, especially in Antitrust cases) Souter wrote this one with the clarity and wisdom of a church bell.
3. Hadley v. Baxendale (expectation damages must be foreseeable) Souter didn't write it, but I imagine he would have had he been alive in 1854.
4. Staples (mens rea requirement have a high bar to be waived out of strict liability Congressional statutes)
I think Clarence Thomas wrote this classic, but it sounds like Souter.
Sotomayor then Granholm then Kagan.
29 - "more well-written"?
You tool. Don't sh*t on someone else's writing if you can't even come up with the word "better."
I want SCOTUS to be relatavely moderate.
As such, it it important that Obama be the one to replace the older liberalish justices, just to keep things how they are now.
Bravo 37, bravo.
The Supreme Court has a different kind of diversity problem that's unlikely to be fixed with a Harvard apologist in the White House.
http://www.law.com/jsp/dc/PubArticleFriendlyDC.jsp?id=1202429375981&hub=TopStories
#6...is that serious? DHS is a Rhodes Scholar...read Printz, wherein he reveals the inherent hypocrisy and juxtapositions of the originalist doctrine with a scalpel.
36, who's the Michigan troll who'd put Granholm in the same sentence as Sotomayor and Kagan? Granholm doesn't deserve to clean Obama's toilet. You think he'd even think about putting her on the federal bench, much less on the Supreme Court? Please.
Am I still knee-jerking from all the Bush subterfuge or is there something funny going on again? People don't dump their jobs as Supreme Court Justices to catch up on their reading, especially at a relatively young and healthy age 69. So. Conspiracy theory time.
1. He's agreed to synch with Ginsburg's leaving because the Obama handlers have some fancy footwork to do that even he finds distasteful.
2. He's sneaking off to tell the truth about something or other from a safe distance.
3. He was caught en flagrante delicto with a goat and a naked child, and that redneck was merely telling the truth.
Any other ideas?