What Does Retirement of Justice Souter Mean for Supreme Court?

UPDATE: President Obama confirmed that Justice David Souter is stepping down after this term.  The president said he spoke to Souter on the phone and the process now begins to seek a replacement.  He did not give any timetable on naming a replacement but did say he hopes his nominee will be confirmed and seated on the high court when the new term begins in October.

Reports began circulating last night that Supreme Court Justice David Souter is about to tender his resignation from the Court to President Obama.  Anytime there is a shift of personnel on the Supreme Court of the United States, it has significant consequences. 

Although Justice Souter was appointed by Republican President George H.W. Bush, he tended to vote with the liberal wing of the Supreme Court of the United States.  President Obamas appointment will likely serve for three decades.  It should be no surprise that the Presidents judicial philosophy will be reflected in the Supreme Court nominee.  This being said, the reality is that a Justice Souter replacement will more than likely maintain a strict view of church-state separation, will apply international precedence to the U.S. Constitution and will be strongly in favor of abortion rights. 

It is also important to note while the Constitution gives the President the authority to nominate and appoint, the same Constitution gives the Senate the role of advice and consent.  While it is true that there is almost a filibuster proof majority in the Senate, it is important that there are fair and open hearings exploring the judicial philosophy of the nominee.  One critical question that must be asked concerns the role of the judge in our constitutional republic. 

It is critical that any nominee the President puts forward understand their role as judge and specifically that they are not to be serving in a legislative capacity.  Based on what the President has stated during the campaign, I have serious concerns about the nature of the next nominee, specifically with regard to judicial philosophy.  I have already instructed our office of Governmental Affairs in Washington, D.C. as well as our Senior Research Counsels to begin the preparation process to review each and every opinion of the nominee to the Supreme Court.  We will probe the judicial philosophy and the Court opinions in order to understand the nature and temperament of the Presidents nominee.

There is no doubt this will be another significant change for the Court.  The fact is that the Constitution must be followed.