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Old 05-03-2009, 07:49 PM   #19
QYD8eQ8F

Join Date
Oct 2005
Posts
454
Senior Member
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Not a chance.

If no no other reason, Ted Olsen represented George W Bush before the Supreme Court in Bush v. Gore. Souter was one of the dissenting votes, and it was said... 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.

Jeffrey Toobin The Nine It's widely believed that Souter wanted to retire and leave DC some time ago, but remained until Bush was out of office. An Olsen nomination would be regarded as a slap in the face.
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