sexta-feira, 1 de maio de 2009

A primeira vaga na Corte Suprema americana no Governo Obama

Eis a trajetória do Justice David Souter que apresentou o seu pedido de aposentadoria ao Governo Obama em primeiro de maio de 2009. Ele é jovem em relação que temos Justice nascido em 1920! Obama deverá nomear uma mulher. Creio que é professora de Harvard. A nomeação sairá no verão americano.

David Souter


Associate Justice of the United States Supreme Court
Assumed office
October 9, 1990
Nominated by George H. W. Bush
Preceded by William J. Brennan


Circuit Judge of the United States Court of Appeals for the First Circuit
In office
May 25, 1990 – October 9, 1990
Nominated by George H. W. Bush


Attorney General of New Hampshire
In office
1976 – 1978
Preceded by Warren Rudman


Deputy Attorney General of New Hampshire
In office
1971 – 1976


Born September 17, 1939 (1939-09-17) (age 69)
Melrose, Massachusetts
Alma mater Harvard College
Magdalen College, Oxford
Harvard Law School
Religion Episcopalian
For the Australian artist, see David Henry Souter.
David Hackett Souter (pronounced /ˈsuːtər/; born September 17, 1939) is an Associate Justice of the Supreme Court of the United States, having served since 1990. He filled the seat vacated by William J. Brennan.

Appointed to the Court by Republican President George H. W. Bush, he usually votes with the more liberal wing on the Roberts court. He currently ranks fourth in seniority among the Associate Justices. On April 30, 2009, Souter confirmed to the White House that he intends to retire at the end of the Court's term in June, at the age of 69.[1]

Contents [hide]
1 Early life and education
2 Supreme Court appointment
3 U.S. Supreme Court career
3.1 Expected conservatism
3.2 Constitution
3.3 Decisions
3.3.1 Planned Parenthood v. Casey
3.3.2 Bush v. Gore
3.4 Relationship with other justices
4 Retirement
5 Personal life
6 See also
7 References
8 Further reading
9 External links

[edit] Early life and education
Souter was born in Melrose, Massachusetts. He is the only child of Joseph Alexander Souter (1904–1976), and Helen Hackett Souter (1907–1995).[2] After moving from Melrose at the age of 11, he spent most of his childhood and adolescence at his family's farm in Weare, New Hampshire.[2] He attended Concord High School in New Hampshire.

He went on to Harvard College, from which he received his B.A., concentrating in philosophy and writing a senior thesis on the legal positivism of Oliver Wendell Holmes, Jr., the famous Supreme Court justice. In 1961, he graduated from Harvard magna cum laude as a member of Phi Beta Kappa. He was selected as a Rhodes Scholar and earned an M.A. from Magdalen College, Oxford, in 1963. He then entered Harvard Law School, graduating in 1966.

Souter worked as an associate at Orr & Reno in Concord, New Hampshire from 1966 to 1968; he disliked private practice.[2] He accepted a position as an Assistant Attorney General of New Hampshire in 1968, beginning his lifelong career in public service. As Assistant Attorney General he worked in the criminal division, prosecuting cases in the courts. In 1971, Warren Rudman, then the Attorney General of New Hampshire, selected him to be the Deputy Attorney General.

Rudman resigned to enter private practice in 1976, and Souter succeeded him as the Attorney General of New Hampshire. In 1978, he was named an Associate Justice of the Superior Court of New Hampshire at the urging of his friend Warren Rudman.[2] As a judge on the Superior Court hearing cases in two counties, Souter was noted for the way he treated juries and defendants, for sometimes sketching witnesses from behind the bench, and for tough sentencing.[2]

He was appointed to the New Hampshire Supreme Court as an Associate Justice in 1983. Passed over for an appointment as Chief Justice by New Hampshire Governor John H. Sununu in favor of a longer-serving associate justice, Souter considered leaving the Court.[2]

David Souter became a Judge of the United States Court of Appeals for the First Circuit on May 25, 1990, having been nominated January 24, 1990.

[edit] Supreme Court appointment
Souter's old friend Warren Rudman (who had since been elected a senator) and former New Hampshire governor John H. Sununu—then chief of staff to President George H. W. Bush—were instrumental in both his nomination and his confirmation to the Supreme Court. Prior to Sununu's recommendation, few observers outside of New Hampshire knew who Souter was,[3] although he had been mentioned by The New York Times as one of Reagan's four top nominees for the Supreme Court slot that eventually went to Anthony Kennedy. Rudman had recommended Souter to Reagan's chief of staff Howard Baker for both a federal judgeship and the Supreme Court.[2]

Bush originally wanted to appoint Clarence Thomas to Brennan's seat, but ultimately decided that Thomas had not yet had enough experience as a federal judge and decided to recommend Souter for the post instead.[4]

President Bush nominated Souter as an Associate Justice of the Supreme Court on July 25, 1990,[5] and Souter took his seat on October 9, 1990, shortly after the United States Senate confirmed him by a vote of 90–9 after the Senate Judiciary Committee reported out the nomination by a vote of 14–3.

The nine senators voting against Souter included Ted Kennedy and John Kerry from Souter's neighboring state of Massachusetts. These senators, along with seven others, painted Souter as a right-winger in the mold of Robert Bork. They based their claim on Souter's friendships with many conservative politicians in New Hampshire. Their allegations failed to influence the other 90 senators because the press called him the "stealth justice" and showed that his professional record provoked little real controversy and provided very little paper trail. President Bush saw this lack of a paper trail as a positive for Souter, because one of President Reagan's nominees, Bork, had recently been rejected by the Senate partially because of the availability of his extensive written opinions on issues.[6] Bush claimed that he didn't know Souter's stances on abortion, affirmative action, or other issues.[2] The National Organization for Women opposed Souter's nomination and held a rally outside the hearings to oppose his selection.[2] The then-president of NOW, Molly Yard, testified that Souter would "end... freedom for women in this country."[7] Souter was also opposed by the NAACP, which urged its 500,000 members to write letters to their senators asking for Souter's defeat.[8] Despite this opposition and largely because of his lack of a paper trail, Souter won an easy confirmation compared to those of later Republican appointees.[9]

Souter spoke of his admiration for the conservative Justice John Marshall Harlan II of the Warren Court, as well as of left-wing Justice par excellence William Brennan of the same Court, during his confirmation hearings.[3] The Wall Street Journal described the events leading up to the appointment of the "liberal jurist" in a 2000 editorial, saying Rudman in his "Yankee Republican liberalism" took "pride in recounting how he sold Mr. Souter to gullible White House chief of staff John Sununu as a confirmable conservative. Then they both sold the judge to President Bush, who wanted above all else to avoid a confirmation battle."[10] Rudman wrote in his memoir that he had "suspected all along" that Souter would not "overturn activist liberal precedents."[2] Sununu later said that he had "a lot of disappointment" about Souter's positions on the Court and would have preferred him to be more similar to Justice Antonin Scalia.[2] These statements from Sununu lacked persuasiveness in light of Souter's role as member of the board of a New Hampshire hospital that offered abortion services in ensuring that the hospital continued to do so.

After Souter was sworn in, he said:

“ The first lesson, simple as it is, is that whatever court we're in, whatever we are doing, at the end of our task some human being is going to be affected. Some human life is going to be changed by what we do. And so we had better use every power of our minds and our hearts and our beings to get those rulings right. ”

[edit] U.S. Supreme Court career
Souter, along with former Chief Justice William H. Rehnquist and Justice Stephen Breyer, has a reputation for being a strong guardian of the Court's institutional integrity.[citation needed] A traditionalist in this regard, he stated in response to proposals to videotape oral arguments before the Supreme Court: "I can tell you the day you see a camera come into our courtroom, it's going to roll over my dead body."[11]

He has also served as the Court's designated representative to Congress on at least one occasion, testifying before committees of that body about the Court's needs for additional funding to refurbish its building and for other projects. Souter is said to work 12-hour days, seven days a week when the Supreme Court is in session.[2]

[edit] Expected conservatism
At the time of Souter's appointment, John Sununu assured President Bush and conservatives that Souter would be a "home run" for conservatism.[6] In his testimony before the Senate, Souter espoused the concepts of originalism (as Bork had) and was thus thought by conservatives to be a strict constructionist on Constitutional matters.[6] However, as a state's attorney and state Supreme Court judge, he had never been tested on matters of federal law.[4]

Initially, from 1990 to 1993, Souter tended to be a conservative-leaning Justice, although not as conservative as Antonin Scalia, Clarence Thomas, or William Rehnquist.[original research?] In Souter's first year, Souter and Scalia voted alike close to 85 percent of the time; Souter voted with Kennedy and O'Connor about 97 percent of the time. The symbolic turning point came in two cases in 1992, Planned Parenthood v. Casey,[6] in which the Court reaffirmed the essential holding in Roe v. Wade, and Lee v. Weisman, in which Souter voted against allowing prayer at a high school graduation ceremony. In Planned Parenthood v. Casey, Anthony Kennedy considered overturning Roe and upholding all the restrictions at issue in Casey. Souter considered upholding all the restrictions but still was uneasy about overturning Roe. After consulting with O'Connor, however, the three (who came to be known as the "troika") developed a joint opinion that upheld all the restrictions in the Casey case except for the mandatory notification of a husband while asserting the essential holding of Roe, that a right to an abortion is protected by the Constitution.

After the appointment of Clarence Thomas, Souter moved to the middle.[3] By the late 1990s, Souter began to align himself more with Stephen Breyer and Ruth Bader Ginsburg on rulings, although as of 1995, he sided on more occasions with the most liberal justice, John Paul Stevens, than either Breyer or Ginsburg, both Clinton appointees.[6] O'Connor began to move to the center. On the abortion issue, Souter began to vote to override restrictions he believed in back in 1992. On death penalty cases, worker rights cases, criminal rights cases, and other issues, Souter began voting with the liberals in the court. So while appointed by a Republican president and thus expected to be conservative,[12] Souter is now considered part of the liberal wing of the Court.

[edit] Constitution
According to The New York Times, Souter has "put himself in the camp of jurists who view the Constitution as a flexible set of principles that can evolve."[3] However, Souter often employs originalist analysis in his opinions; though he often reaches very different conclusions than the Court's conservative wing.

[edit] Decisions

[edit] Planned Parenthood v. Casey
In 1992's Planned Parenthood v. Casey, Souter wrote that Roe v. Wade should not be overturned because it would be "a surrender to political pressure... So to overrule under fire in the absence of the most compelling reason to re-examine a watershed decision would subvert the Court's legitimacy beyond any serious question."[6] Justice Scalia dissented, writing that "The Imperial Judiciary lives."[3]

[edit] Bush v. Gore
In 2000, Souter voted and dissented along with the three other justices in Bush v. Gore to allow the presidential election recount to continue while the majority voted to end the recount, making Bush the president.

Jeffrey Toobin wrote, controversially, of Souter's reaction to Bush v. Gore in his 2007 book The Nine:

“ Toughened, or coarsened, by their worldly lives, the other dissenters could shrug and move on, but Souter couldn’t. His whole life was being a judge. He came from a tradition where the independence of the judiciary was the foundation of the rule of law. And Souter believed Bush v. Gore mocked that tradition. His colleagues’ actions were so transparently, so crudely partisan that Souter thought he might not be able to serve with them anymore.

Souter seriously considered resigning. For many months, it was not at all clear whether he would remain as a justice. That the Court met in a city he loathed made the decision even harder. At the urging of a handful of close friends, he decided to stay on, but his attitude toward the Court was never the same. There were times when David Souter thought of Bush v. Gore and wept.[13]

The above passage was, however, disputed by Souter's long-time friend, Warren Rudman. Rudman told the New Hampshire Union Leader that while Souter was discomforted by Bush v. Gore, the idea that he had broken down into tears over the matter was a work of fiction.[13]

[edit] Relationship with other justices
Souter worked well with Sandra Day O'Connor and was close to both her and her husband during her days on the court.[2] He generally has a good working relationship with each justice on the court, but he is particularly fond of Ruth Bader Ginsburg, and he considers John Paul Stevens to be the "smartest" Justice.[2]

[edit] Retirement
On April 30th, 2009, NPR reported that Justice Souter is planning to retire at the end of the October 2008 term of the Court, in June 2009, or as soon thereafter as his successor was confirmed.[14] NPR's Nina Totenberg reported:

“ Souter is expected to remain on the bench until a successor has been chosen and confirmed, which may or may not be accomplished before the court reconvenes in October.[14] ”

Supreme Court scholars and the media have previously speculated about who President Barack Obama will nominate to be his successor on the court.

[edit] Personal life
Souter enjoys mountain climbing in New Hampshire during the judicial off-season; he waits until only a few days before the Supreme Court's session begins to return to Washington, where he lived for years in a spartan apartment.[2] Souter was attacked by two youths in what appeared to be a random incident when jogging home at night in 2004.[2]

He is co-chair of the We the People National Advisory Committee.

Once named by The Washington Post as one of Washington DC's 10 Most Eligible Bachelors,[2] Justice Souter has never married, though he was once engaged.

According to Jeffrey Toobin's book The Nine, Souter has a decidedly low-tech lifestyle. He writes with a fountain pen and does not use email. According to Toobin, Souter has no cell phone, no answering machine, and no television. He prefers to drive back to New Hampshire for the summer.[2]

[edit] See also
George H. W. Bush Supreme Court candidates
List of Justices of the Supreme Court of the United States
List of law clerks of the Supreme Court of the United States
List of United States Chief Justices by time in office
List of Justices of the Supreme Court of the United States by court composition
List of law schools by United States Supreme Court Justices trained
List of Justices of the Supreme Court of the United States by seat
List of Justices of the Supreme Court of the United States by education
List of U.S. Supreme Court Justices by time in office
United States Supreme Court cases during the Rehnquist Court
United States Supreme Court cases during the Roberts Court

[edit] References
^; see also; David Souter retires.
^ a b c d e f g h i j k l m n o p q r Tinsley E. Yarbrough (2005). "David Hackett Souter: Traditional Republican on the Rehnquist Court". Oxford University Press. Retrieved on 2008-06-27.
^ a b c d e "Souter Anchoring the Court's New Center". New York Times. 1992-07-03. Retrieved on 2008-06-27.
^ a b Jan Crawford Greenburg (2007-09-30). "Clarence Thomas: A Silent Justice Speaks Out". ABC News. Retrieved on 2008-10-18.
^ US Supreme Court : Page Three
^ a b c d e f "Empty Souter - Supreme Court Justice David Souter". National Review. 1995-09-11. Retrieved on 2008-06-27.
^ Al Kamen (2005=09-19). "For Liberals, Easy Does It With Roberts". Washington Post. Retrieved on 2008-06-28.
^ Irvin Molotsky (1990-09-22). "N.A.A.C.P. Urges Souter's Defeat, Citing Earlier Statements on Race". New York Times. Retrieved on 2008-06-28.
^ James Taranto, Leonard Leo (2004). Presidential Leadership. Wall Street Journal Books. Retrieved on 2008-10-20.
^ "Chief Justice Souter?". Wall Street Journal. 2000-02-29.
^ "On Cameras in Supreme Court, Souter Says, 'Over My Dead Body'". New York Times. 1996-03-30. Retrieved on 2008-06-30.
^ (see Segal-Cover score)
^ a b "Did Bush v. Gore Make Justice Souter Weep?". Wall Street Journal Law Blog. 2007-09-06. Retrieved on 2008-06-27.
^ a b Totenberg, Nina (April 30, 2009). "Supreme Court Justice Souter To Retire". National Public Radio. Retrieved on May 1, 2009.

[edit] Further reading
Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 3d. ed. (New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
Cushman, Clare, The Supreme Court Justices: Illustrated Biographies,1789–1995 (2nd ed.) (Supreme Court Historical Society), (Congressional Quarterly Books, 2001) ISBN 1568021267; ISBN 9781568021263.
Frank, John P., The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors) (Chelsea House Publishers, 1995) ISBN 0791013774, ISBN 978-0791013779.
Hall, Kermit L., ed. The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press, 1992.,ISBN 0195058356; ISBN 9780195058352.
Martin, Fenton S. and Goehlert, Robert U., The U.S. Supreme Court: A Bibliography, (Congressional Quarterly Books, 1990). ISBN 0871875543.
Urofsky, Melvin I., The Supreme Court Justices: A Biographical Dictionary (New York: Garland Publishing 1994). 590 pp. ISBN 0815311761; ISBN 978-0815311768.

[edit] External links
Supreme court official bio (PDF)
Project Vote Smart - Associate Justice David Hackett Souter profile
Legal offices
Preceded by
Hugh Henry Bownes Judge of the U.S. Court of Appeals for the First Circuit
1990 Succeeded by
Norman H. Stahl
Preceded by
William J. Brennan Associate Justice of the Supreme Court of the United States
Order of precedence in the United States of America
Preceded by
Anthony Kennedy
Associate Justice of the Supreme Court of the United States United States order of precedence
Associate Justice of the Supreme Court of the United States Succeeded by
Clarence Thomas
Associate Justice of the Supreme Court of the United States
[hide]v • d • eJudicial opinions of David Souter

New Hampshire Supreme Court (1983–1990); by calendar year

1980 • 1981 • 1982 • 1983 • 1984 • 1985 • 1986 • 1987 • 1988 • 1989 • 1990

U.S. Court of Appeals for the First Circuit (1990); by calendar year


Supreme Court of the United States (August 3, 1994 – present); by term

1990 • 1991 • 1992 • 1993 • 1994 • 1995 • 1996 • 1997 • 1998 • 1999 • 2000 • 2001 • 2002 • 2003 • 2004 • 2005 • 2006 • 2007 • 2008

Supreme Court of the United States
The Rehnquist Court
Chief Justice: William Hubbs Rehnquist (1986–2005)
1990–1991: B. White | T. Marshall | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter
1991–1993: B. White | H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas
1993–1994: H. Blackmun | J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg
1994–2005: J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer
The Roberts Court
Chief Justice: John Glover Roberts, Jr. (2005–present)
2005–2006: J.P. Stevens | S.D. O'Connor | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer
2006–present: J.P. Stevens | A. Scalia | A. Kennedy | D. Souter | C. Thomas | R.B. Ginsburg | S. Breyer | S. Alito

NAME Souter, David Hackett
DATE OF BIRTH September 17, 1939
PLACE OF BIRTH Melrose, Massachusetts, United States

Categories: United States Supreme Court justices | United States federal judges appointed by George H. W. Bush | Judges of the United States Court of Appeals for the First Circuit | United States court of appeals judges appointed by George H. W. Bush | New Hampshire Supreme Court justices | New Hampshire Attorneys General | American Episcopalians | American Rhodes scholars | Harvard Law School alumni | 1939 births | Living people | Dudley-Winthrop family | Alumni of Magdalen College, Oxford
Hidden categories: Current events as of April 2009 | All articles with unsourced statements | Articles with unsourced statements since June 2008

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