My first reaction early in the morning hearing that Justice David Souter is going to retire was, Oh no! Then I remembered who the president is and I relaxed a little. It’s gratifying to see that Above the Law, SCOTUS blog and others are saying it is something like a virtual certainty that the president will appoint a woman. Obviously that would be preferable to me. But we shouldn’t take that for granted and should be prepared to lobby, if necessary.
According to the Washington Post, most often mentioned as possibilities are two appeals judges, Sonia Sotomayor of New York (the Second Circuit) and Diane P. Wood of Chicago (the Seventh Circuit), along with Obama's new solicitor general, Elena Kagan (former dean of Harvard Law School and the first woman SG). Vice President Joe Biden has been charged with drawing up a list of possible nominees, according to the source close to the court.
Souter said he will retire at the end of the court's term in June. When a successor is chosen, will Minnesota have two senators to vote on this important appointment?
Transcripts of Souter's letter and other communications are available at the SCOTUS blog.
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