By Eric Berman
5/1/2009
The retirement of U.S. Supreme Court Justice David Souter isn't expected to shift the court's ideological balance.
Souter lined up with the court's liberal wing, and President Obama will presumably look for someone similar. But Valparaiso law professor Edward Gaffney warns that doesn't guarantee anything -- Souter himself was appointed by Republican President George H.W. Bush.
"Presidents are always surprised when they appoint somebody, and that judge turns out to be a judge," Gaffney says.
Indiana University law professor Craig Bradley says Souter's most significant legacy may be the plurality opinion he joined in Planned Parenthood of Pennsylvania vs. Casey, which allowed limited restrictions on abortion while refusing to overturn Roe vs. Wade.
Attorney and Merrillville native Maureen Mahoney has been mentioned before as a possible court nominee. Bradley says she'd make an excellent justice, but says despite a Democratic background, the fact President George W. Bush had her on his short list probably disqualifies her now.
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