david souter cnn.jpgUPDATE, 9:30a: Souter’s abortion history on the SC, according to Americans United for Life press release:

… Senior Counsel Clarke Forsythe stated, “Justice David Souter is one of the most pro-abortion members of the US Supreme Court. During his tenure, Justice Souter voted to uphold abortion on demand and to strike down common sense abortion regulations that the vast majority of Americans support. He voted in 2000 and again in 2007 to strike down prohibitions on the barbaric practice of partial-birth abortion. As many votes on abortion have been 5-4 decisions, his presence on the Court has extended the tragedy of abortion by restricting the right of states to make their own decisions on abortion law.”

And from CNNPolitics.com

In reality, Souter was in many ways a typical, old-fashioned Yankee Republican – a moderate with an independent, even quirky streak. Whether he became more liberal in his views after joining the Supreme Court, as many conservatives believe, may depend on your politics.
“Justice Souter will never escape the label of having been an enormous disappointment, a traitor to the right,” said Thomas Goldstein, a Washington appellate attorney and founder of Scotusblog.com. “It instead created the opportunity to entrench a series of more liberal rulings. So he became the right’s greatest failure and we will forever hear the mantra ‘No More Souters’ from conservatives.”

UPDATE, 9a: More informative articles on Souter’s retirement can be found at CNNPolitics.com, the Associated Press, and the Chicago Tribune.
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Wow, everyone expected the 1st to go would be Ruth Bader Ginsburg or John Paul Stevens.
This today from the New York Times:

Justice David H. Souter plans to retire at the end of the term in June, giving President Obama his first appointment to the Supreme Court, 4 people informed about the decision said Thursday night.

david souter.jpg

Justice Souter, who was appointed in 1990 by a Republican president, the first George Bush, but became 1 of the most reliable members of the court’s liberal wing, has grown increasingly sour on Washington and intends to return to his home state, NH, according to the people briefed on his plans. One official said the decision might be announced as early as Friday.
The departure will open the 1st seat for a Democratic president to fill in 15 years and could prove a test of Mr. Obama’s plans for reshaping the nation’s judiciary. Confirmation battles for the Supreme Court in recent years have proved to be intensely partisan and divisive moments in Washington, but Mr. Obama has more leeway than his predecessors because his party holds such a strong majority in the Senate.
Replacing Justice Souter with a liberal would not change the basic makeup of the court, where he and 3 other justices hold down the left wing against a conservative caucus of 4 justices. Justice Anthony Kennedy, a moderate Republican appointee, often provides the swing vote that controls important decisions.

[Top photo courtesy of CNNPolitics.com; bottom photo courtesy of the NYT

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