Posted by Jim Lindgren:
Speculation on Justices Ginsburg and Souter resigning.
http://volokh.com/archives/archive_2009_03_15-2009_03_21.shtml#1237168836
Via [1]Breitbart comes speculation on Justices Ginsburg, Souter, and
Stevens resigning soon. Justice Ginsburg's remarks at a Boston speech
on Friday sparked the most recent discussions.
Justice Ruth Bader Ginsburg has hinted at a possible vacancy "soon"
at the US Supreme Court, without indicating who would be leaving.
Speaking Friday at New England Law Boston's annual "Law Day,"
Ginsburg told students that the nine justices only take pictures
together when a new member joins the high court.
"We haven't had any photos for some time, but surely we will soon,"
she said.
"The dynamic is a little different when someone leaves."
Ginsburg, who turns 76 on Sunday, declined to elaborate on her
comments and did not take questions from reporters at the event.
She underwent surgery for pancreatic cancer in early February but
has returned to the bench.
Despite speculation that she might leave the court, Ginsburg has on
several occasions expressed her intention to remain on the court
for several more years.
Only the second woman to serve on the Supreme Court, she is one of
five justices who are over 70 years old. Justice John Paul Stevens,
the most liberal of the justices, is the oldest at 88. He turns 89
next month.
Stevens, Ginsburg or fellow liberal justice David Souter, 69, have
been expected possibly to retire soon, and observers are gearing up
for appointments of politically progressive judges to the bench to
replace the older liberals sitting on it today.
Although Stevens has reportedly hired law clerks for the next term
that begins in October, Souter has not.
As for Justice Souter resigning, the revelation -- if it's true --
that Souter has not hired clerks for next fall would seem to be strong
evidence that he has either decided to retire this summer or is at
least strongly considering resignation.
As for Justice Ginsburg, who has had serious health problems in recent
years, my personal opinion is that there is a reasonable chance that
she will leave the court over the next 18 months.
As for Justice Stevens resigning, my question is: Why? Stevens,
apparently in good health and fully engaged in a job he seems to
enjoy, has no obvious reason to leave. I would be very surprised if
Stevens retired anytime soon.
References
1.
http://www.breitbart.com/article.php?id=CNG.99c75c577fa1a698c1689adb0e008445.fc1&show_article=1
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