Federal Judiciary

Souter announces retirement

By Akin Gump Supreme Court Practice Group

Justice David H. Souter notified President Obama Friday that he will retire ”when the Supreme Court rises for the summer recess this year.”  The President promptly thanked him for his 19 years of service. His letter can be downloaded here. The Court’s press release can be downloaded here.

The 69-year-old Justice, by setting his departure date at what is expected to be late June, appeared to be indicating that he would not await Senate approval of his successor.  His letter indicated that he has met the requirements for retirement. Between now and then, he said, he would “continue to render substantial judicial service as an Associate Justice.”

He cited a federal law that allows a Justice to retire at age 69 if he or she had at least 11 years of service.  A federal judge may retire at age 65 with at least 15 years of service; as the age goes up, the service requirement goes down.  Federal judges have lifetime tenure, “during good behavior,” under the Constitution’s Article III.

His cryptic letter appeared to have been composed in some haste, implying that the Justice had not planned to make an announcement until later, perhaps after the current Term had concluded — a convention in past retirements.  The letter was dated Monday and, in a fashion that bespeaks Souter’s own character, was terse, devoid of emotion and determinedly factual.

Court aides said there would be no further word about his decision, including any explanation for his choice — after an overnight of fevered Washington speculation about his plans — to make his decision known at this time.  Souter is well known for his studied protection of his privacy, and for his firm habit of refusing to respond to attention directed his way.

In recent months, he has allowed himself a few public appearances, in what was clearly a break from years when he determinedly sought to avoid celebrity or even innocuous mention.  He has indicated that one of his main reasons for continuing to oppose television or filmed coverage of the Court’s public proceedings was that that would give him and his colleagues vivid public personalities.

Other Justices, however, do not share his distaste for a life on the public hustings.  Justices Ruth Bader Ginsburg and Antonin Scalia once appeared, in costume, in a Washington opera — a level of notoriety Souter presumably would never have indulged.

It may well be, though, that the intensity of the speculation since Thursday night, absorbing Washington in a sometimes frivolous guessing game, was more than even Souter was willing to go on tolerating without a response, however far out-of-character that might have otherwise been for him.

The Court is now in the final weeks of its current Term, finished with public hearings and now devoting its time more or less exclusively to preparing the 31 decisions that still remain. If it follows its usual pattern, the Term will probably be over in the closing days of June.

Depending upon whether President Obama moves rapidly, successor could be nominated by that time, but it seems highly unlikely that the Senate confirmation process could be completed by then even if there is no significant controversy over the choice.  The Court can operate short-handed, especially during its summer recess.  The next Term of the Court is to begin Monday, Oct. 5.

Full post as published by SCOTUSBLOG on May 01, 2009 (boomark / email).