“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.”
Eight justices are known to have hired the four law clerks who will work with them in the Supreme Court term that begins in October, but Justice David Souter appears to be the lone holdout.
“Why does this matter? Under the scenario that counts, Souter, 69, would not be hiring clerks because he isn’t planning to be in Washington in the fall. A retirement would give President Barack Obama his first chance to nominate a justice and the next few months would bring Senate confirmation hearings.”