Tipsheet: IU Maurer School of Law professors comment on Justice Souter retirement
Editors: U.S. Supreme Court Justice David Souter will retire after the current term recesses in June. He was appointed to the Court by President George H.W. Bush in 1990. Indiana University Maurer School of Law professors are available to comment on his retirement and what it means for President Barack Obama, who will have his first opportunity to name a justice to the highest court.
FOR IMMEDIATE RELEASE
May 1, 2009
Craig Bradley, Robert A. Lucas Professor of Law. "A number of years ago, the Rehnquist clerks did a skit at the clerk's reunion based on the premise that 'President Nader has announced that he is going to cut the federal government by 10 percent across the board, including the Supreme Court.' They then asked the justices to provide a videotaped response as to why they should not be the one who was to be eliminated. Souter's response was, 'Go ahead and cut me, I'd rather go back to New Hampshire.' Evidently he was just waiting for a Democratic president so he could resign without upsetting the balance of the Court. Souter, an appointee of the first President Bush, was a huge disappointment to conservatives since he has generally voted with the more liberal wing, especially in joining (with Kennedy and O'Connor) the three-justice opinions in Planned Parenthood v. Casey refusing to overrule Roe v. Wade. In criminal procedure, with the exception of upholding the arrest of a soccer mom for failure to fasten her seatbelts, he has been a consistent member of the liberal wing. Thus, his replacement by a Democrat will have little effect on the ideological makeup of the court."
Bradley clerked for Justice William H. Rehnquist from 1975-76, and was the editor of The Rehnquist Legacy (Cambridge University Press, 2006). He can be reached at 812-855-1257 or bradleyc@indiana.edu.
Charles Geyh, John F. Kimberling Professor of Law. "Justice Souter's retirement bucks a tradition on the Supreme Court of staying on the bench until death or near total incapacity (Justice O'Connor being a recent exception owing to the illness of her husband). The net effect of this tradition has been to contribute to an unhealthy stagnation of ideas and perspectives on the Court. By stepping down at 69 -- at a time of life when the vast majority of Americans see fit to retire, Justice Souter has set an example that others on the court would be well-advised to emulate. This is not to imply criticism of Justice Souter as a jurist. He ought to be remembered as a compassionate justice who underwent an ideological journey during his years of service (akin to that of Justice Blackmun), and who served as a moderating influence on the court. While his legacy will be widely reported as a 'liberal,' that is only because the court itself has become more conservative over the years."
Geyh served as an advisor to then-Senator Joseph R. Biden Jr., on the senate confirmation of Justice Clarence Thomas to the U.S. Supreme Court (1992). He can be reached at 812-855-3210 or cgeyh@indiana.edu.
Joseph Hoffmann, Harry Pratter Professor of Law. "Justice Souter somewhat resembles the late Justice Blackmun, in that he has never appeared entirely comfortable with his role as a member of the most important and powerful judicial institution in the nation. For this reason, it's no big surprise that Souter would choose to retire as a relatively young justice, rather than staying on the court for as long as humanly possible. Souter will be remembered as a smart, sometimes eclectic justice who was more influenced by the human consequences of decisions than by grand theories. As a relatively liberal Justice, Souter's departure will not bring about a major shift in the court's overall balance, but will give President Obama his first opportunity to choose a new Justice and thereby begin to shape the court's long-term future."
Hoffmann served as a law clerk to the Honorable William H. Rehnquist (1985 Term). He can be reached at 812-855-6150 or hoffma@indiana.edu.
