The Volokh Conspiracy - Speculation on Justices Ginsburg or Souter resigning.

Via Breitbart comes speculation on Justices Ginsburg, Souter, or Stevens resigning soon. Justice Ginsburg's remarks at a Boston speech on Friday sparked the most recent discussions.

Justice Ruth Bader Ginsburg has hinted at a possible vacancy "soon" at the US Supreme Court, without indicating who would be leaving.

Speaking Friday at New England Law Boston's annual "Law Day," Ginsburg told students that the nine justices only take pictures together when a new member joins the high court.

"We haven't had any photos for some time, but surely we will soon," she said.

"The dynamic is a little different when someone leaves."

Ginsburg, who turns 76 on Sunday, declined to elaborate on her comments and did not take questions from reporters at the event.

She underwent surgery for pancreatic cancer in early February but has returned to the bench.

Despite speculation that she might leave the court, Ginsburg has on several occasions expressed her intention to remain on the court for several more years. . . .

[S]he is one of five justices who are over 70 years old. Justice John Paul Stevens, the most liberal of the justices, is the oldest at 88. He turns 89 next month.

Stevens, Ginsburg or fellow liberal justice David Souter, 69, have been expected possibly to retire soon . . . .

Although Stevens has reportedly hired law clerks for the next term that begins in October, Souter has not.

As for Justice Souter resigning, the revelation — if it's even true — that Souter has not hired clerks for next fall would seem to be strong evidence that he has either decided to retire this summer or is at least strongly considering resignation. [UPDATE: Apparently, Justice Souter usually hires late, between February and April, so there probably is nothing oput of the ordinary here.]/p>

As for Justice Ginsburg, who has had serious health problems in recent years, my personal opinion is that there is a reasonable chance that she will leave the court over the next 18 months.

As for Justice Stevens resigning, my question is: Why? Stevens, apparently in good health and fully engaged in a job he seems to enjoy, has no obvious reason to decide to leave. I would be very surprised if Stevens retired anytime soon.

	[Jim Lindgren, March 15, 2009 at 10:00pm] Trackbacks Speculation on Justices Ginsburg or Souter resigning. Via Breitbart comes speculation on Justices Ginsburg, Souter, or Stevens resigning soon. Justice Ginsburg's remarks at a Boston speech on Friday sparked the most recent discussions. Justice Ruth Bader Ginsburg has hinted at a possible vacancy "soon" at the US Supreme Court, without indicating who would be leaving. Speaking Friday at New England Law Boston's annual "Law Day," Ginsburg told students that the nine justices only take pictures together when a new member joins the high court. "We haven't had any photos for some time, but surely we will soon," she said. "The dynamic is a little different when someone leaves." Ginsburg, who turns 76 on Sunday, declined to elaborate on her comments and did not take questions from reporters at the event. She underwent surgery for pancreatic cancer in early February but has returned to the bench. Despite speculation that she might leave the court, Ginsburg has on several occasions expressed her intention to remain on the court for several more years. . . . [S]he is one of five justices who are over 70 years old. Justice John Paul Stevens, the most liberal of the justices, is the oldest at 88. He turns 89 next month. Stevens, Ginsburg or fellow liberal justice David Souter, 69, have been expected possibly to retire soon . . . . Although Stevens has reportedly hired law clerks for the next term that begins in October, Souter has not. As for Justice Souter resigning, the revelation — if it's even true — that Souter has not hired clerks for next fall would seem to be strong evidence that he has either decided to retire this summer or is at least strongly considering resignation. [UPDATE: Apparently, Justice Souter usually hires late, between February and April, so there probably is nothing oput of the ordinary here.]/p> As for Justice Ginsburg, who has had serious health problems in recent years, my personal opinion is that there is a reasonable chance that she will leave the court over the next 18 months. As for Justice Stevens resigning, my question is: Why? Stevens, apparently in good health and fully engaged in a job he seems to enjoy, has no obvious reason to decide to leave. I would be very surprised if Stevens retired anytime soon.