Published: May 1, 2009

Scott Moss, associate professor of law at the University of Colorado at Boulder School of Law, can comment on the retirement of Justice David Souter from the U.S. Supreme Court. Souter announced his intention to step down from the nation's highest court today.

According to Moss:

"Justice Souter's retirement increases the odds that President Obama will have as many as three Supreme Court appointments in one term - the most since President Nixon. If President Obama wins a second term, he easily could be the first president since FDR to appoint a majority of the Supreme Court."

"Some commentators are saying that because Justice Souter was part of the so-called "liberal" wing of the court, a left-of-center appointment by President Obama won't change anything. But on topics such as abortion, church and state, and punitive damages, Justice Souter was more of a centrist, so his replacement genuinely could change the outcome of certain controversial cases."

"While President Obama has more senators of his party than any recent president, he may not have an easy choice ahead of him. The embarrassment of riches any president enjoys in choosing one justice among dozens or hundreds of well-qualified candidates means that some candidates - and, more importantly, their advocates - are bound to be disappointed. And some conservatives have made clear their appetite for a fight against virtually any left-of-center nominee."

Moss can be reached by calling 303-735-5374 or by e-mail at scott.moss@colorado.edu. Or contact Dirk Martin in the CU-Boulder Office of Media Relations and News Services at 303-492-3140.