WASHINGTON — Justice David Souter, the Republican-appointed New England jurist who has become a reliable member of the liberal bloc on the Supreme Court, has told friends that he plans to retire, according to a government official.
Court spokeswoman Kathleen Arberg said Thursday night that Souter had no comment following reports that he plans to step down at the end of the court’s term in June. Souter would be likely to stay on until a replacement could be confirmed. The court’s next term starts in October.
A vacancy would give President Barack Obama his first chance to begin reshaping the court but would not likely change the dynamic on a bench that is often evenly split between the liberal and conservative blocs, with moderate conservative Justice Anthony Kennedy often holding the pivotal role.
While Obama’s choice would probably be far different from the 69-year-old intellectual bachelor from New Hampshire, the replacement would almost surely have a similar ideological outlook. Most court observers also believe Obama would be likely to choose a woman as his first appointment, since Justice Ruth Bader Ginsburg is the lone female among the nine justices.
Most often mentioned as possibilities are two appeals judges, Sonia Sotomayor of New York and Diane Wood of Chicago, along with Obama’s new solicitor general, Elena Kagan. After Obama’s victory, the question quickly became who would be the first to leave the court, and all speculation revolved around the three longest-serving liberals. But Justice John Paul Stevens, 89, the longest-serving justice on the current court, gave no indication he was ready to leave.
Nor did Ginsburg, 76. Even after her pancreatic cancer was diagnosed this winter, she made clear her intentions to serve on the court until well into her 80s.
Souter was considered by some to be the most likely, because of his well-known disdain for the ways of Washington. The speculation has been fueled in recent weeks because Souter had not hired clerks for the term that begins in October. A friend who ran into him last summer said he was surprised by just how strongly Souter spoke about wanting to leave Washington. “He said, ‘If Obama wins, I’ll be the first one to retire,’ ” said the friend.
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