On April 30th, 2009, NPR reportee Soud that Justicter is planning to retireat the end of the October 2009 term of the Court. The announcement came less than two days after Senator Arlen Specter announced on April 28th, 2009, that he was leaving the Republicans to give the Democrats a likely 60th vote, which would give them a filibuster-proof majority in the Senate.

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"Souter is expected to remain on the bench until a successor has been chosen and confirmed, which may or may not be accomplished before the court reconvenes in October" reported NPR's Nina Totenberg.
David Hackett Souter ( September 17, 1939) is an
Associate Justice of the Supreme Court of the United States, having served since 1990 and now planning to retire. He filled the seat vacated by William J. Brennan. Justice David Souter plans to retire either at the end of this court term or once President Obama's choice to replace Souter is confirmed by the Senate.

Appointed to the Court by Republican President George H. W. Bush, he usually votes with the more liberal wing on the Roberts court. He currently ranks fourth in seniority among the Associate Justices. On April 30, 2009, NPR reported his intention to retire at the end of the term in June [1] at the age of 69. Souter, along with former Chief Justice William H. Rehnquist and Justice Stephen Breyer, has a reputation for being a strong guardian of the Court's institutional integrity.[citation needed] A traditionalist in this regard, he stated in response to proposals to videotape oral arguments before the Supreme Court: "I can tell you the day you see a camera come into our courtroom, it's going to roll over my dead body."

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David Souter retires