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Justice Souter, who was appointed in 1990 by
a Republican president, the first George Bush, but became one 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, New Hampshire, 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 first 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 three other justices hold down the left wing against a conservative
caucus of four justices. Justice Anthony Kennedy, a moderate Republican
appointee, often provides the swing vote that controls important
decisions.
While the White House
Counsel’s office prepared privately to step up its efforts
to search for a replacement, Mr. Obama said through a spokesman
on Friday that he had no direct knowledge of Mr. Souter’s
plans.
“The President
has not received a formal communication from Justice Souter,”
Bill Burton, a White House spokesman, said Friday morning, “and
he deserves the right to make his own announcement.” |