US Supreme Court Justice Souter to retire: Reports

Supreme Court Justice David Souter is reportedly to retire this year, but the White House on Friday would not confirm the move that would give President Barack Obama his first chance to name someone to the US High Court.

Supreme Court Justice David Souter is reportedly to retire this year, but the White House on Friday would not confirm the move that would give President Barack Obama his first chance to name someone to the US high court.

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Souter, 69, plans to step down when the nine-member court’s current session ends in June.

Government officials told National Public Radio that Souter, who was appointed by Republican president George H.W. Bush in 1990 but often sided with liberal justices, is expected to remain on the bench until a successor has been confirmed.

Souter “has informed the White House of his decision,” NPR added.

But Obama staff steered clear of confirming Souter’s move, which would potentially allow Democrat Obama to replace him with a liberal jurist before the next court session begins in October.

“The president has not received a formal communication from Justice Souter and he deserves the right to make his own announcement,” a White House aide said.

Other US news organizations also reported the retirement, but there was no immediate word from Souter.

Vice President Joseph Biden has been charged with drawing up a list of possible nominees, the Washington Post reported, citing a source close to the court.

Among leading contenders are solicitor general Elena Kagan, who currently represents the government before the court; Hispanic judge Sonia Sotomayor, who sits on the US Court of Appeals for the Second Circuit; and federal judge Diane Wood, who taught at the University of Chicago at the same time as Obama.

Rumors of Souter’s retirement began in recent days after he reportedly did not hire new clerks for the coming term -- something all the other justices have already done.

NPR confirmed that Souter, who is younger than four of the other justices, is in good health and is likely retiring for personal reasons -- to return to his home state of New Hampshire.

He was known to have disliked life in Washington, reportedly telling friends that he expected to be the first justice Obama will replace.

But observers had expected other justices, like John Paul Stevens, 89, or 76-year-old Ruth Bader Ginsburg, who is undergoing chemotherapy and recovering from pancreatic cancer surgery, to precede him.

When the first president Bush appointed Souter in 1990 he was a little-known appeals court judge championed by a former Republican governor of New Hampshire who called him “a home run for conservatives.”

But Souter instead proved to be a more moderate voice, routinely siding with the liberal bloc of the high bench.

The opportunity to name a new justice comes as a slew of controversial issues -- including gay marriage, abortion rights, gun ownership, the death penalty and Internet privacy -- are all likely to resurface in coming years.

An Obama pick, however, is unlikely to drastically alter the court’s ideological leaning, as Souter generally votes with the three liberal-leaning justices.

Currently four conservatives and four liberals -- with moderate Anthony Kennedy holding the middle ground -- compose a balance on the court that Obama is expected to sustain.

His choice is likely to prevail in the US Senate, where Democrats currently hold 59 seats to the Republican’s 40.

But due to likely wrangling in the Senate over a successor it is possible a new justice may not be on the bench by the time the Supreme Court reconvenes in October.

Only two women have served as justices -- Ginsburg and Sandra Day O’Connor who retired in 2006 -- and only two African-Americans, including current Justice Clarence Thomas, a conservative.

During his election campaign, Obama said he would not make abortion a litmus test in his choice of a Supreme Court justice.

“I taught constitutional law for 10 years, and ... when you look at what makes a great Supreme Court justice, it’s not just the particular issue and how they rule but it’s their conception of the court,” Obama said during one debate.

“And part of the role of the court is that it is going to protect people who may be vulnerable in the political process, the outsider, the minority, those who are vulnerable, those who don’t have a lot of clout.”

Souter, a Harvard graduate and Rhodes scholar at Oxford University, began his law career in New Hampshire, rising to the rank of state attorney general before moving up to the New Hampshire Supreme Court.