5/08/2009

Replacing Souter will make a difference

The New York Times has this:

In replacing Justice Souter, President Obama will almost surely pick another liberal. But Mr. Obama may also consider Justice Souter as a kind of counterexample and choose a bigger and bolder figure, one who sets agendas, forges consensus and has a long-term vision about how to shape the law.

Legal scholars have praised Justice Souter’s care, candor and curiosity. But they have said that he is, by temperament and design, a low-impact justice devoted to deciding one case at a time, sifting through the facts and making incremental adjustments in legal doctrine to take account of them. . . . . .

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