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Whenever a Supreme Court Justice leaves the bench--as Justice David Souter said on May 1 he would do--it causes tumult. As President Barack Obama prepares to name a replacement, his opponents gird for an attack. The Senate, which must confirm the nominee, leans heavily in Obama's favor. But between committee hearings, interest-group lobbying and the occasional scandal, any Supreme Court nomination can be an arduous process...

Author: /time Magazine | Title: A Brief History Of: Supreme Court Nominations | 5/18/2009 | See Source »

Obama's opposition to Bush's nominations may earn him some backlash from Senate Republicans. Souter (who received a relatively easy confirmation in 1990) is viewed as a liberal judge, so an Obama replacement may not upset the court's balance. Time will tell if that's enough to avoid getting borked...

Author: /time Magazine | Title: A Brief History Of: Supreme Court Nominations | 5/18/2009 | See Source »

...Justice David H. Souter ’61 informed President Obama of his intention to resign. As the search for his successor commences, we applaud Souter for his 18 years of service as a member of the Supreme Court’s progressive caucus and encourage Obama to nominate in Souter’s stead a justice of comparable judicial philosophy...

Author: By The Crimson Staff | Title: A Mockery of Meritocracy | 5/10/2009 | See Source »

...Since he was appointed by President George H.W. Bush in 1990 to replace Justice William Brennan, Souter, to the disappointment of conservatives, has proven to be a reliable liberal vote on the court. In 1992, he voted to uphold Roe v. Wade in Planned Parenthood v. Casey and ruled against prayer in schools in Lee v. Weisman. In 2000, he was among the four justices to side with former Vice President Al Gore ’69 in Bush v. Gore. Although his departure is unlikely to upset the court’s ideological status quo?...

Author: By The Crimson Staff | Title: A Mockery of Meritocracy | 5/10/2009 | See Source »

...Writing in The New Republic, Gordon Silverstein labeled Souter a “judicial conservative,” explaining that, “Judicial conservatives generally have great respect for the law, and for legal decisions that have been made. This is the essence of what is called stare decisis—let the decision stand. Upholding precedent staunches the forces of change—and typically, that generates conservative results. But when the precedent you are upholding is precedent set by the Warren Court, holding back the forces of change means enforcing liberal decisions against radical demands for change...

Author: By The Crimson Staff | Title: A Mockery of Meritocracy | 5/10/2009 | See Source »

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