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Reports: Justice to retire; speculation begins

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Reports broke late Thursday that a Supreme Court of the United States justice plans to retire from the bench but which justice may surprise some. Justice David Hackett Souter has decided to leave the bench following the current SCOTUS term, according to national news outlets. His retirement was confirmed this afternoon in a SCOTUS press release.

Valparaiso University School of Law professor Ivan Bodensteiner said he wasn't surprised by the reports Justice Souter may be the first to leave the nation's highest court during President Barack Obama's administration. While many expected Justices Ruth Bader Ginsburg, who recently underwent surgery for pancreatic cancer, or Justice John Paul Stevens, who is 89, to leave the bench first, Bodensteiner said there have been stories for sometime that Justice Souter doesn't like Washington, D.C., and was ready to return to New Hampshire.

Justice Souter sat on the Superior and Supreme Courts of New Hampshire prior to being appointed to the U.S. Supreme Court by President George H.W. Bush in 1990. Following his appointment to the Supreme Court, some began to view Justice Souter as a disappointment because he aligned more with the "liberals" of the court, said Bodensteiner.

The assumption was he would be a reliable conservative, although no one knew much about him when he took the bench, said Indiana University Maurer School of Law - Bloomington professor Charles Geyh. He established himself as a moderating influence on the court, and now appears more liberal than moderate because of the court's progressive shift to the right during the last generation. Geyh said he was surprised to learn of Justice Souter's retirement but thinks his leaving could set a good precedent for the court.

"If the reason he is retiring is because he's reached reasonable retirement age and thinks it's a good idea to leave when you reach a certain age, then it could set a good precedent," he said.

Sometimes justices may retain their spot on the bench longer than they should, and it's good to get new blood on the court. Geyh finds it interesting Justice Souter may view his time on the bench like many other Americans view their jobs and think when they reach a certain age, it's simply time to retire.

Both Bodensteiner and Geyh don't think Justice Souter's replacement will shift the ideological power of the court because President Obama will most likely pick someone who is also considered a liberal. However, Bodensteiner cautioned that we can't predict how a future justice may vote was on the bench, as proven by Justice Souter's voting record. Previous news reports and blogs have mentioned several potential candidates for vacant U.S. Supreme Court spots, including 7th Circuit Court of Appeal Judge Diane P. Wood.

Neither professor could offer specific names as possible replacements for the justice, but Geyh said he wouldn't be surprised if a woman is selected. Whoever Obama selects, Geyh expects the Republicans will try to say the candidate is a liberal and challenge the nominee.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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