WASHINGTON -- President Barack Obama confirmed that Supreme Court Justice David Souter is retiring this year and said he hopes to have a replacement on the bench by October.
Obama made the announcement Friday in a surprise appearance at the White House's daily press briefing, where he unexpectedly commandeered the podium from spokesman Robert Gibbs.
"I just got off the telephone with Justice Souter, and so I would like to say a few words about his decision to retire from the Supreme Court," Obama said. "Throughout his two decades on the Supreme Court Justice Souter has shown what it means to be a fair-minded and independent judge."
News of Souter's decision to step down emerged overnight but wasn't made official until Obama's remarks. Just moments before Obama took the stage, Gibbs said the White House still hadn't received word from Souter and trod carefully around questions on the matter.
Gibbs appeared surprised when Obama entered the room unannounced nearly 30 minutes into the briefing.
The president, who didn't take questions, said he hopes to have Souter's replacement in place by the time the court's next term begins in October, but he gave no clues on who he would select. He pledged to consult with members of both parties in the vetting process.
"I will seek somebody with a sharp and independent mind and a record of excellence and integrity," Obama said. "I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people's lives."
"I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role," he added. "I will seek somebody who shares my respect for constitutional values on which this nation was founded and who brings a thoughtful understanding of how to apply them in our time."
To have a justice sworn in by October, Gibbs said the nomination would have to be submitted to the Senate "well before the end of July."
Souter was nominated by President George H.W. Bush and took his oath of office in October 1990. His departure isn't expected to change the court's dynamic because he consistently sided with its liberal wing.
His resignation letter to Obama was a crisp two sentences: "When the Supreme Court rises for the summer recess this year, I intend to retire from regular active service as a Justice, under the provisions of 28 US.C. Section 371(b)(l), having attained the age and met the service requirements of subsection(c) of that section. I mean to continue to render substantial judicial service as an Associate Justice."
Early speculation on Souter's replacement has focused on female candidates, including Diane Wood of the 7th U.S. Circuit Court of Appeals in Chicago, Sonia Sotomayor of the 2nd U.S. Circuit Court of Appeals in New York and Kim McLane Wardlaw of the 9th U.S. Circuit Court of Appeals in San Francisco. Justice Ruth Bader Ginsburg has been the only woman on the high court since Justice Sandra Day O'Connor retired in 2006.
The White House has been preparing for potential court vacancies since the transition.
Asked if diversity would be a factor in the president's selection, Gibbs said: "The most important thing to him is diversity of experience." That's a person, Gibbs said, who understands how legal decisions affect everyday Americans.
Gibbs repeated that Obama wouldn't have a "litmus test" for candidates but said the president would "absolutely" stand by his pledge to not appoint someone who doesn't believe in a right to privacy.
As a former constitutional law professor, Obama could be more involved in the vetting and interview process than past presidents. Gibbs said he would be "actively engaged."
"I think he's pretty confident that [in] discussing legal philosophy with a candidate, any perspective candidate, he could get a sense of what their mindset was relating to the law," Gibbs said.
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