He didn't have an answering machine on his phone. He was late for William Rehnquist's funeral because they couldn't leave a message and find out where he was. He doesn't like electric lights to read. He moves his chair around his office over the course of the day for the sunlight. But the great thing about Justice Souter is that he sort of got the joke about being a Supreme Court Justice and he understood that he was important but it wasn't all about him.Which might explain his graceful retirement. I sometimes wonder about those Justices who hang on for decades and into extreme old age. Why don't they think there should be more rotation of new individuals into those chambers?
Toobin's new book is "The Oath: The Obama White House and the Supreme Court." It's full of interesting material. I'm enjoying it.
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This is a surprise. Who would have thought he was that weird?
I sometimes wonder about those Justices who hang on for decades and into extreme old age. Why don't they think there should be more rotation of new individuals into those chambers?
It couldn't possibly have anything to do with the desire to impose their will for as long they have a will, so I suspect it has to do with the 'appointed for life' thing and an acknowledgement of your own mortality.
@rehajm But these are not ordinary people. These are the people whose judgment and wisdom is imposed on all of us. I think Souter serves as a model of judicial humility. It's not enough to understand their humanity, their psychology, their motivations. We should demand more.
Let us see how this election goes before we go to wishing for retiremeents!
Isn't a universal thing, even a truism, that at all times we consider our judgment to be damned near infallible?
Let's take a specific topic, capital punishment. Over time, my opinion on this subject has changed.
At one point, I was wrong; I'm not sure if I was wrong before, or if I'm wrong now. But at each time, I was sure I was right. I attribute my changed attitude now to new experiences coloring my opinion, experiences I hadn't yet had then.
If I had thought I was wrong at either time, I'd change my opinion. It's the definition of opinion.
And so as I age, and my brain deteriorates, I'll continue to think I'm right, even if I become quite addle-minded. I'll just attribute changes in attitude to "mellowing with age" or something.
And so I'm sure that's why Ginsburg, for example, hangs on. She's confident that she's right about every issue, and any replacement might disagree with her on some small fraction of cases. She considers hanging on to be the right thing to do, so that cases aren't decided wrong.
"And so I'm sure that's why Ginsburg, for example, hangs on."
For her, it's the most interesting job in the world. Why quit? Souter wasn't as engaged in the whole thing.
I think in large part Justices stay on because people -- their acquaintances -- are always telling them they have to.
Souter apparently didn't have many acquaintances to tell him that :)
These are the people whose judgment and wisdom is imposed on all of us. I think Souter serves as a model of judicial humility.
Could use a little of that in ALL government positions.
"It is a great advantage to a President and a major source of safety to the country, for him to know that he is not a great man"
Calvin Coolidge
Jeffery Toobin, personable, likable, but one of many in the massive herd who got the OJ trial completely wrong. And I've wondered, how could he not see what was so clearly coming? I mean, he seemed so rational, believable, right. But I knew he was wrong right from the start.
Simply because you can't sell an aggressive wash'n'wear white woman (Marcia Clark) to a black jury. Even after her comb-out, not even John F. Kennedy himself could've swayed those jurors.
It's one thing to make a mistake in judgment, but quite another when that judgment is predicated on your entire professional existence. Like mechanic mistaking a Volkswagen for a Cadillac, or a doctor a heart for a liver. Which means your in the wrong business.
Take Justice Souter, who finally figured out that he had to physically sit on his homestead to protect it against Eminent Domain. A little quirk in the law, not directly related to KELO. So while Mr. Souter may like to follow the sun around the house, the affable Mr. Toobin doesn't have a clue.
Which explains why he went into television, and Souter went home.
I think people hang on because they want something to do... a form and structure to their day.
I could quit, but I don't want to just sit around playing at my hobbies.
It's not me. I'll fold up and die.
No lights!! He was probably one of those "No Lights" idiot Cub fans back in the 80's.
I believe refreshing the labor pool by retirement for many is great, e.g. actors, politicians, media, etc.
It was all the wickedness south of Hartford that Souter ran away from.
I also wonder why the SCOTUS judges do not retire at certain age. I would think that 70-75 would be good age to retire them. I would do the same for Congess members of both houses, and also limit the terms of service, whichever comes first. Power corrupts.
I believe this idea is workable from the state level up. I'm not a lawyer, but I think that local motions to limit the age, or total, term of the local representatives and judges can take care of this, no.
How is this different than tenured law professors?
You all stay forever, too.
I sometimes wonder about those Justices who hang on for decades and into extreme old age. Why don't they think there should be more rotation of new individuals into those chambers?
Because of the gross politicization of the Court (and the law in general), most especially since Roe v. Wade. This includes both those clinging on to power with lustful zeal, as well as those who would like to retire, but feel obligated to try to stop the former. Prior to Douglas and Brennan, most justices were content to serve for a while and then return to private life, rather than digging their nails into the bench.
Bender,
Google "John Marshall," and find out how many years he was on the court. Self-important people think they are indispensable. The graveyard is full of them.
Calypso,
Mencken on Coolidge: "He had no ideas, and was not a nuisance."
Souter served as a model of a judicial joke. A joke on George Bush I and on all the rest of us. Sununu is trying to make up for it this year by supporting Romney.
We should demand more.
Humility not exactly high on the priority list at the confirmation hearings, is it?
I bet Souter doesn't have a smart phone. He is a trogladyte
Souter was a joke played by George Bush on all the conservatives who voted for him. As befits a President who flip flopped on abortion, Bush didn't care about that "Silly social issues crap" and left orders that he didn't want to fight Senate Democrats on SCOUTS nominations. Once Sen. Rodman vouched that Souter would sail trough - Bush signed off.
He had no ideas, and was not a nuisance
In other words, perfect. "During Coolidge's presidency the United States experienced the period of rapid economic growth known as the "Roaring Twenties". "
But these are not ordinary people. These are the people whose judgment and wisdom is imposed on all of us.
Which doesn't speak to the soundness of that judgement and wisdom. To a certain extent you have to be egotistical to rise to the top in any large organization, even if you cloak it in black robes.
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