Should Souter’s chair be filled by a judge?

hauptly

United States Supreme Court Justice David Souter’s decision to retire is not a great shock, but it is a big moment in the new administration.

It is a fairly recent notion that justices are selected from among sitting judges. Justices Harlan, White, Warren, Black and Douglas are among the many justices who were not from judicial ranks.

If a judge is selected, Sonia Sotomayor adds a second woman and a first Hispanic to the Court. She also has the odd honor of having been appointed to one court by George H.W. Bush and to another by Bill Clinton (though there is more to that story).

If any academic, then Elena Kagan or Cass Sunstein would seem logical choices. They both have distinguished records and close relations to President Obama.

But what if it were a politician or practicing lawyer as the president once suggested?

Any ideas?

Denis Hauptly
Vice President, Technology Strategy
Thomson Reuters Global Resources

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