According to NPR, and other sources I am told, Justice Souter will retire at the end of the Court’s current term. He will remain on the Court until he is replaced.
Much more to follow on this topic - but let’s start with this… Jeff Sessions should be Republican Ranking Member on the Judiciary Committee. Not Orrin Hatch. Not Chuck Grassley.
UPDATE 2: In response to the below update regarding the Judiciary Commitee, a few folks have asked what they can do. Here you go:
1. Call Mitch McConnell at 202-224-3121.
2. Tell him that you understand there is some debate about who should be the Republican Ranking Member on Judiciary, and that you believe that person should be Jeff Sessions because:
- Sessions is next in line, is an accomplished lawyer and is a proven conservative.
- Chuck Grassley is neither a lawyer nor the right man for the job.
- Orrin Hatch has had his day.
3. Tell him also that this is a time to revisit the seniority system anyway - it is antiquated and perpetuates Washington largesse and stagnation as the same old dudes just shuffle around from committee to committee (e.g. Grassley going from Finance to Judiciary).
UPDATE: As reports have indicated, Senator Grassley is interested in the job of Judiciary Ranking Member but wants to keep his title as Finance Ranking Member AND be guaranteed the Judiciary spot in two years when he is “termed out” of Finance. To get his way, he’s enlisted the support of former Judiciary Chairman Orrin Hatch - trying to cut a deal to get Hatch as ranking member for the remainder of this Congress until Grassley could take over in 2011 (which would require a waiver by the Republican Conference because Hatch is term limited on Judiciary).
To have Orrin Hatch or Chuck Grassley at the helm would be an unmitigated disaster. Each are cut from the same cloth - that of the old guard Republicans in the Senate who have given us the train wreck that the Party has become. They would hire terrible staffers who would neither be the smartest lawyers nor actually conservative - and, potentially, maintain a significant number of Specter’s former staff.
Jeff Sessions, on the other hand, would field a talented team who could educate America on just who America is getting in the next Supreme Court justice . Barring something very odd and unexpected, the nominee will get confirmed. Therefore, our number one goal should be to make sure America knows who this person is and what he stands for - and you need the right people in place to make that happen.

Edit, insert phone number
Erick Brockway Thursday, April 30th at 10:40PM EDT (link)Mitch McConnell at 202-224-3121
Souter going…Couldn’t have done this 4 years ago…
Note to lefties;
“Don’t be afraid to see what you see.”
Ronald Reagan
Join the RedState Strike Force
Chip in to get rid of “Babs” (Yes ma’am) Boxer.
What are we suppose to say?
mom2oneson Friday, May 1st at 1:51AM EDT (link)Can someone provide me with scripting like what to say when I call?
I posted an update on the front page, too...
hogan Friday, May 1st at 9:11AM EDT (link)UPDATE 2: In response to the below update regarding the Judiciary Commitee, a few folks have asked what they can do. Here you go:
1. Call Mitch McConnell at 202-224-3121.
2. Tell him that you understand there is some debate about who should be the Republican Ranking Member on Judiciary, and that you believe that person should be Jeff Sessions because:
- Sessions is next in line, is an accomplished lawyer and is a proven conservative.
- Chuck Grassley is neither a lawyer nor the right man for the job.
- Orrin Hatch has had his day.
3. Tell him also that this is a time to revisit the seniority system anyway - it is antiquated and perpetuates Washington largesse and stagnation as the same old dudes just shuffle around from committee to committee (e.g. Grassley going from Finance to Judiciary).
thank you Hogan :) nt
mom2oneson Friday, May 1st at 5:24PM EDT (link)You know what is funny?
Jack_Savage Thursday, April 30th at 10:43PM EDT (link)His legacy will be that no one ever knew he served until he left.
What a waste of a black robe.
5
conservativemusician Thursday, April 30th at 11:00PM EDT (link)And, like Obama himself, Souter’s replacement will be the most leftist and radical justice that will ever serve on the court.
valerie Jarrett/nt
larryp Friday, May 1st at 12:23AM EDT (link)If not Jarrett, definitely a high-ranking ACLU type. nt
TNJim Friday, May 1st at 12:35AM EDT (link)“No. You can’t” -Moe Lane
George Mitchell
Jack_Savage Friday, May 1st at 12:56PM EDT (link)Is where my money is….
Activism Unleashed
kervick Friday, May 1st at 3:21PM EDT (link)I seek a Justice who has respect for the constitutional values on which our country was founded and will apply those values in a manner that is appropriate for our current time.
Barack Obama, May 1, 2009, Press Briefing to announce the retirement of Justice Souter
Then he went on
Flagstaff Saturday, May 2nd at 1:19AM EDT (link)to mention that the new justice should “represent” certain groups.
I thought that was what Congress is for.
Pluto, the Ninth Planet - Forever!
5
conservativemusician Thursday, April 30th at 11:00PM EDT (link)And, like Obama himself, Souter’s replacement will be the most leftist and radical justice that will ever serve on the court.
Shock
red4ever Thursday, April 30th at 10:47PM EDT (link)Okay, maybe not. There were some hints. But, oh boy.
Proof that the Republicans do not pick based on ideology but on scholarship. If the basis were ideology, Souter would not have sided with the liberal bloc so much.
However, Obama will pick someone that makes Ginsburg look conservative.
The hottest places in hell are reserved for those who, in times of great moral crisis, maintain their neutrality.
Dante
Scholarship?????????? Please.
mbecker908 Thursday, April 30th at 11:09PM EDT (link)The reason Souter got nominated is that he specifically wasn’t a scholar. Hell, he was barely a judge. When B41 nominated him he was a Justice on the SCoNew Hampshire. I don’t think he’d ever published an article about anything substantive in his entire career, from college to the day he was nominated. He had never authored a decision on the SCoNH that amounted to anything. He was so undercover that Kate Michelman, etal slaughtered a rain forest whining about how he would destroy the rights of wymyn.
Bottom line Souter was a brick. And still is.
Sounds like forward echoes
Joe_Cor Friday, May 1st at 9:09AM EDT (link)of the Harriet Miers nomination. Don’t go for qualifications, just try to get anyone in who you think might avoid any troublesome controversy with the left.
Not a surprise
Ezekiel Thursday, April 30th at 11:19PM EDT (link)He waited until the Dems had a filibuster proof majority.
Now B. Hussein Obama can put whomever he wants on the court, no matter how radical.
Isn’t it time that the left had a pick blow up in their faces? They need to get Soutered once in a while. Maybe President Lightweight will bollocks up this one.
“Be intolerant. Because some things are just stupid”
- Ryan Dobson
That is my sincere hope.
jeffreywturner Friday, May 1st at 1:48AM EDT (link)I hope Obama names someone who the left just LOVES and is 100% CERTAIN to be a left-wing ideologue, but then ends up aligning with Scalia once on the court.
It has yet to occur in the modern era, that a justice turned out more conservative than expected, but there is a first time for everything.
“Life is too short, can’t we all just eat pork and kill some terrorists?”
You're dreaming!
Rod_Patrick Friday, May 1st at 3:38AM EDT (link)The libs have a strong and more sophisticated way of screening candidates.
They can easily smell the genuine from the fake one.
LOL, yep a wet dream.
Common_Cents Friday, May 1st at 11:39AM EDT (link)One thing I admire about Dems, they know how to play hardball in politics. They just can’t lead worth a damn.
REPS are like Charlie Brown getting the ball pulled away by Lucy. Golly Gee, they tricked me!
They are much better as the minority party w/ all the dissent for dissent sake and all.
“Never interrupt your enemy when he’s making a mistake.” Napoleon - Well, unless he is ruining your country! Common Cents
A cult of personality arises when a country’s leader uses mass media to create a heroic public image, often through unquestioning flattery and praise.[1] Cults of personality are often found in dictatorships.
?
Flagstaff Saturday, May 2nd at 1:22AM EDT (link)“They are much better as the minority party w/ all the dissent for dissent sake and all.”
Pluto, the Ninth Planet - Forever!
meaning the Dems are more naturally fit to be the minority. nt
Common_Cents Saturday, May 2nd at 1:05PM EDT (link)“Never interrupt your enemy when he’s making a mistake.” Napoleon - Well, unless he is ruining your country! Common Cents
A cult of personality arises when a country’s leader uses mass media to create a heroic public image, often through unquestioning flattery and praise.[1] Cults of personality are often found in dictatorships.
55555! nt
Rod_Patrick Friday, May 1st at 3:36AM EDT (link)Hogan...not sure how we, the rank and file, can influence the decision to put Sessions as ranking GOP judiciary member...
conservativemusician Thursday, April 30th at 11:38PM EDT (link)I agree with your reasoning on Sessions, but how can this be done? I mean, aren’t committee chairmanships for both parties based on seniority? Is this something we can lobby McConnell on? Please advise.
good question...
hogan Thursday, April 30th at 11:51PM EDT (link)First, if Grassley doesn’t drop his Chairmanship of Finance, then it shouldn’t be an issue - Sessions is next in line. No deal should be cut to push Sessions aside.
Second, even if Grassley were to drop Finance, just because the seniority system exists doesn’t mean we should sit back and say “oh, well.” Jeff Sessions was the former Attorney General of Alabama and is an accomplished lawyer and conservative - he is deserving of this job.
Third, I always think it valuable for us to contact Senators or Representatives and let them know what we think. Worst case scenario - you burn a few cell phone minutes. But it’s worth it. Call Mitch McConnell to tell him you want Sessions (number is posted above), and call your home state Senator and let him know as well.
So when the GOP figures out who sits where
BlueLandRed Friday, May 1st at 12:26AM EDT (link)it’s not quite that easy.
Don’t forget that committee assignments are done by the Senate as a whole. So. yeah, the Republicans might want to shuffle deckchairs (and if you’ll forgive pun, but I’m not in a very good mood tonight) on the Titanic, nothing happens until the full Senate agrees and votes.
I suspect that the Dems aren’t going to agree to any shuffling until the GOP stops funding Coleman’s delaying tactics and lets Franken be seated.
Not sure on Ranking.
naraht Friday, May 1st at 10:02AM EDT (link)I think who is the *Ranking* member of a committee is done internally, but *who* is on the committee is decided senatewide. Which means that Specter is still on the committee (and all others) as a Democrat until the Senate decides as a body how large each party’s contingent is on each committee and votes who is on each committee. Normally, each party picks their own as a bill and then the two are presented one after another by the Majority Leader as “without objection….” after the negotiations on size.
However redos during a term can be sticky (for moves in *both* directions) and while holding up the reorganizations unless an agreement on Franken is reached would be viewed as hardball, but not outrageous. So this more or less depends on whether Reid wants to play hardball or not. If he plays hardball, then nothing changes as to who is on various committees even with Specter crossing over until Coleman gets hung out to dry.
Part of the reasons that this can be done is that the house completely resets itself every two years, but the Senate is still the same body in terms of its own rules that it was in 1790.
Dem's decide wich 'Pubs sit on which committees?
Flagstaff Saturday, May 2nd at 1:24AM EDT (link)That doesn’t make sense.
Pluto, the Ninth Planet - Forever!
A filibuster proof majority in the whole Senate
septembergurl Thursday, April 30th at 11:51PM EDT (link)perhaps, but the switch by Spector may cause problems or the Dems.
As I understand it (not a lawyer) the committee rules require at least one member of the minority to vote to move a nmination out of committee. Spector would have been the likely vote here but ooops! he’s not a Republican any more, so his vote doesn’t matter.
Ironic, no?
Of course there is still Grahambesty, Hatch etc…not as reliably traitorous as Spector.
The quality of Obama’s appointments has been so terrible that I am looking forward to this. Souter is such an empty robe, devoid of any quality of intellect, morality, character, etc.
bring out your guns, bring out your guns, bring out your dead...
DONTREADONME Thursday, April 30th at 11:58PM EDT (link)what ever will be will be, and the U.S. has not a prayer left to stop the tide of the statist/progressive. Been nice chatting on redstate with you all, but this is the nail in the coffin for conservatism, at least until my death in 40 years. Time to bury your guns underground, get that arsenal you have always wanted and bury it. If they ask you were your arsenal is you say, I spent all of my ammo on tree and target practice. The unholy trinity is complete! I wonder what alaska is like this time of the year or maybe some small unchartered island, man where is that whole gilligans island. Yikes, utter depressing this week.
“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
he couldn't wait 4 years?
JLenardDetroit Friday, May 1st at 12:11AM EDT (link)You really gotta wonder what goes on in these folks minds.
(RS:Help) (JLD) (Hollyweird) (Brain-deads) (SPIN-cycle) (Obamaocare) (Party of kNOw) (Conservatism) (TEApeats) (respectful) (Reco) (Quotes) (removeRINOs.com) (RSmas)
+ 0bama Lies & your Bank acct will Die! (4/15 Truthers)
+ Heil “O” Hell No Obamao is NOT MY PRESIDENT! “No U won’t”
+ I want “O” to FAIL (here, here, & whole Diary (Ofail) here, is why)
“The first Liberal was Satan” - a Rush caller (other Quotes)
Or retired six months ago
BlueLandRed Friday, May 1st at 12:28AM EDT (link)I think in his own small minded way he’s trying to tell the Republicans something.
This may be a HINT on the real agenda of Biden/Reid's demonization of Specter: RIGGING THE SUPREME COURT. nt
Rod_Patrick Friday, May 1st at 12:59AM EDT (link)The
Knightbrigade Friday, May 1st at 1:57AM EDT (link)thought of the “ONE” selecting for SC makes my skin crawl…BUT…
isn’t the court still going to be (5-4)?
I mean Souter sucked, and who ever the “ONE” picks is REALLY gonna suck…
BUT 5 -4 is 5 - 4.
Now if Roberts, Scalia, Thomas, Alito, or even Kennedy leave..THEN the END is near…..
“From MY cold dead hands”
It's really 4-1-4
Lammo Friday, May 1st at 2:29AM EDT (link)with Kennedy being the 1.* I think we can manage to keep Roberts, Scalia, Thomas and Alito on life support (thankfully Roberts and Alito are relatively young). The real tragedy will be if Kennedy pulls the pin or keels over while the former junior senator from illinois still occupies 1600 Pennsylvania Avenue.
* At least most of the time. Google “Arizona v. Gant” and tell me how Stevens, Thomas, Souter, Scalia and Ginsburg end up on the same side of a 5-4 decision in a search and seizure case. I’ve already had to dismiss 8 cases because of that one (I’m one of 8 drug prosecutors in my county).
ACORN: Association of Criminals Obama Represented in the Nineties. (jupitersuite)
Don’t be so open minded that your brains fall out. (Fr. John Corapi, SOLT)
Crime never takes a holiday. (Dennis J. O’Shea, R.I.P.)
Unlawful is against the law. Illegal is a sick bird. (Ooold joke)
Outside of a dog, a book is a man’s best friend. Inside of a dog it’s too dark to read. (Groucho Marx)
Scalia most of all.
naraht Friday, May 1st at 10:17AM EDT (link)Of all of the Justices on the Conservative side, I think Scalia is most likely to retire or pass away in the next 4 years. the other three conservatives (Thomas, Alito and Robers) are the three youngest of the nine Justices.
Souter pretty much from Day 1 on the court has been viewed as the one least likely to want to die in his chair, he just doesn’t like DC. So this just isn’t a shock…
After Souter, I wouldn’t be that surprised to see Stevens, but he seems to *really* enjoy his time. Ginsberg is a possibility, depends on her Cancer. If it really flares up, she’ll retire.
In short, if Obama has to replace Scalia, he will manage to tip the court, if he doesn’t have to then he won’t. (And this applies with one term or two).
Freedom, nice to know ya.
ciscoguy Friday, May 1st at 10:57AM EDT (link)Initially, this news bothered me, but I think everyone here well knows why Souter waited until now to retire. He has been ready to retire, but at only 69, he just wanted to be sure his successor was appointed by a democrat.
Honestly, I wonder why we even have a Constitution anymore. If people are going to twist it to fit their ideological agenda, what’s the point? How is it the 2nd Amendment is constantly under assault by the left when written in plain English, “the right of the people shall not be infringed”, yet they support abortion decisions which have no discernible Constitutional foundation at all? And, why is there no formal process in place to verify that our President is even Constitutionally eligible to serve and appoint justices? What a joke this country has become.
Yeah, Having 30 "Principled" Conservatives Is An Awesome Idea - Not
Swamp_Yankee Friday, May 1st at 12:18PM EDT (link)People really think Republicans are ging to have any significant influence over this process? If we blow up one, they’ll just put up another.
And if you buy into that crap that that are all socialists, you dont know what socialism is. Obama’s bench appointments are going to make Souter look like Clarence Thomas. Then he’ll have Steven and then Ginsburg if we are lucky none of the conservatives will retire or pass away. This doesnt even account for all the appelate court appointments which will be more radical.
But if we have a purified 30 conservatives in Senate all will be well, right. What a load of crap. Lets jsut blow up the whole country. All these judges are going to around for 30 years and they are all super activists.
This country will be dead if this keeps up. We need bodies and votes, even if they are just road blocks for now.
Not Dead Yet!
Our hands are pretty much tied, yes
ciscoguy Friday, May 1st at 6:00PM EDT (link)I think the best we can do is expose the leftist as he or she will inevitably be, and call into question Obama’s bogus platform of post-partisanship.
Of course, he’ll deny, spin and deflect, as Obama does so well, and the media will no doubt back him up by painting the appointee as a moderate. The general public is too stupid or indifferent about politics to read through the media filters, which is why it’s going to be an uphill battle the rest of the way to 2012. I think O’Reilly showed some stat last night that 24% of the American people actually think Obama is a moderate (!!!)
The good news (or bad news, however way you want to look at it), is that Obama’s formula for economic success cannot work. I’ve yet to meet a poor person whose spent themselves into prosperity. If economic recovery happens, it will be in spite of his wealth destructive policies, but even then it’s a race against inflation and interest on our debt. If recover does happen, Obama may get re-elected because it seems that voters don’t care much about paying down the debt. More than likely, however, voters will be no better off 4 years from now are they are now and probably will be worse. Of course, there’s a greater chance of another terrorist attack now than there was under Bush, and with all the fuss over waterboarding, any attacks will be squarely on Obama. There is nothing the press can do to rescue him there. I don’t think that’s anything he’ll be able to recover from, politically.
Hopefully that scenario doesn’t happen, but we should be thankful for any political help we get from Obama in his incompetence and negligence. Let’s just hope Ginsburg and Stevens can hold on for another four years, so we can start to restore Constitutional order.
Is there an unwritten rule or tradition for justices to retire when the nominating party is in power to replace them? nt
Common_Cents Friday, May 1st at 3:14PM EDT (link)“Never interrupt your enemy when he’s making a mistake.” Napoleon - Well, unless he is ruining your country! Common Cents
A cult of personality arises when a country’s leader uses mass media to create a heroic public image, often through unquestioning flattery and praise.[1] Cults of personality are often found in dictatorships.
Well, in this case it was Bush41 who nominated him
ciscoguy Friday, May 1st at 5:41PM EDT (link)but it might as well have been a democrat. Don’t worry, however - democrats won’t make the same mistake. There’s a different selection process for them. Anyone who doesn’t pass the liberal litmus test won’t come within a mile of the supreme court, for they appoint not based on merit but how much the appointee will twist the Constitution to fit their agenda.
And lest anyone suggest it was merely a coincidence, Politico reported today that a friend of Souter’s in NH said last summer he wanted to be the first one to retire if Obama were elected.