Heard on the internet radio:

Apparently Justice Souter is going to retire at the end of this term (late spring).  Obama gets his first chance to either send someone unabashedly liberal or try, still, to appease the assholes to the right.  Not.  Holding.  My.  Breath.  Sadly. 

Update: Here's a story by MSNBC: NBC: Souter to retire from Supreme Court. Given the ages of Ginsburg (who has had serious health problems) and Stevens--89 years old!--it won't be Obama's first nomination.

Comments

[JDM]

Arlen Specter, capping a brilliant career. Or Ed Rendell. A very able guy.

[JDM]

PS This way, Arlen can collect from the unions for voting for EFCA and then get paid by the Chamber and the American Manufacturing Association for declaring it unconstitutional.

[Spartacus]

How many votes does he need in Congress and the Senate to confirm a new justice? Is it a simple majority or does he need 60 votes? No matter, I'm sure Obama will sit on the fence with this decision, too.

[gmb]

JDM: God forbid. As to comment two--you know he would. Fortunately, at 80 years old--and after pissing off the republicans--I think Arlen isn't a worry.
Spartacus: Except for constitutional amendments--unless I am mistaken--it is always 51. The only reason for the 60 votes meme is a) Harry Reid is a pussy and the republicans only have to threaten a filibuster and b) the democrats use the 60 vote meme to try to convince us to vote for them. Assholes. GMB

[JDM]

For appointments, a majority of Senators are needed to pass a motion "to advice and consent", but unless the appointment has the support of three-fifths of Senators, a filibuster blocking the passage of the motion is possible.

so sez wikipedia, my fave legal reference: http://en.wikipedia.org/wiki/Advice_and_consent

Article says 2/3 of the assholes for a treaty (largely ignored in our "agreements" with Iraq, i believe) but doesn't specify a % for the Senate's other advice and consent powers, so G is correct.

Why'd I look? Constitution don't mean shit:

FISA (thanks Obamco) no 4th Amendment there
AUMF (tks all you Senate motherfuckers) No war powers clause there
Torture (tks again, assholes) No Eighth Amendment there
Habeas, anyone? Due process?
and so on.

[JDM]

PS That's Article "2." Not that it matters except to historians and sore losers.

[distributorcap]

it will be a woman...... there is no doubt
watch the right go nuts... no matter the pick

[libhomo]

I hope Obama picks a liberal. It would be nice to have one on the Supreme Court for a change.

[gmb]

JDM: Thanks Jim. I forgot about treaties. Thing is, in the "old days" 51 was almost always enough. Not now, since it plays in the favor of Reid et al. Assholes all.
DCap: It will be a hispanic...male or female. I'll put money on it.
libhomo: Not. Holding. My. Breath. You need a liberal to pick a liberal. My only hope is that he pulls a Poppy Bush and picks someone who he thinks is a "moderate" and is surprised with a Souter (but liberal). GMB

[JDM]

Funny how no one in the EmEssEm or RahmboLand is mentioning Eliizabeth Warren.

[gmb]

JDM: Oh, and with reason. GMB