David Souter - Partisan Democrat?

At the time of the Bush/Gore recount in 2000, there was a persistent rumor that Supreme Court Justice Sandra Day O’Connor had angrily let slip that she would have to stay on the Court for four more years if Gore won, to give a Republican president a chance to appoint her successor. For the moment, put that in the “scurrilous rumor” category, though many liberals seem to believe it.

But now here’s Justice David Souter, reliably quoted in the em>Washington Post<: “A friend who ran into him last summer in Concord 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, who spoke on the condition of anonymity because Souter had not yet announced a retirement.”

Stare decisis, Mr. Justice! Even on only one precedent – just as you claimed in Casey v. Planned Parenthood. So we look forward to having you here in DC for another four years. Now that you have apparently expressed a political preference, surely you’ll be here past the next election, just as Justice O’Connor felt she could not retire during Bush’s first term given the rumors. Now, either President Obama or President Pawlenty should appoint your successor, based on the people’s choice.

But not to worry; with the Court’s decreased workload, you’ll still have plenty of time to climb the White Mountains’ Presidential Range and maybe even decide which one should be named Mt. Obama.