Justice Souter's Retirement and its Effect on Justice Kennedy

Justice Souter's announcement tody that he plans to retire at the conclusion of the 2008-2009 term after nineteen years of service on the Supreme Court of the United States, while expected has left me reflecting on what his legacy on the jurisprudence of the nation will be and how history will remember him.

While, many conservatives will not be saddened to see him retire either because of his rulings on social issues including abortion.

Cnversely liberals who were infuriated by his holdings on land and property issues such as eminent domain.

For myself I will miss the independent spirit that have characterized his decisions. In sense the retirement of Justice O'Connor in 2006 and Justice Souter at the end of this term has largely divested the Court of moderate centrists who maintain the balance between liberal Justices led by Justice Stevens, and the conservative justices led by Chief Justice Roberts. Of the Justices who remain only Justice Kennedy could be classified as a centrist. Yet, unlike Justices O'Connor and Souter whose voices were strong amd clear.

Most observers would argue that Justice Kennedy's voice was up untill Justice O'Connor's retirement muted to an extent. With the exceptions being Planned Parenthood of Southeastern Pennsyvania v. Casey and Lawrence v. Texas .

What I find most interesting about the criticism of Justice Kennedy is the criticism that some observers level at him because, he like Justice O'Connor has been known to refer to international law and foreign sources of law from time to time in his opinions.


The opposition to the use of foreign and international laws in the deliberative process strikes me as quirte bizzare because, Justices have included such precedents in their opinions as far back as 1798. The evidence for the inclusion of such precedent can be found in Justice Chase's references to Sir. William Blackstone and Sir. Richard Woodeson the English jurists in his opinion in Calder v. Bull 3 U.S. (Dall.) 386 (1798).