Legacy Building

Justice Souter to retire:

WASHINGTON (CNN) -- After more than 18 years on the nation's highest court, Justice David Souter is retiring, a source close to Souter said..

Souter, 69, will leave the Supreme Court after the current term recesses in June, the source said.

This is the surprise one, as conventional wisdom had money on the two older justices, especially Stevens to go first:

Souter's departure will leave the two oldest justices -- and the most liberal -- still on the bench. Retirements for John Paul Stevens, 89, and Ruth Bader Ginsburg, 76, have been rumored for years, with many expecting that one or the other would be the first to give the new Democratic president a Supreme Court vacancy.

For me, the #1 issue in the election was the Supreme Court, and took a high enough precedence that I was willing to plug my nose on a variety of other issue to ensure court balance. a two or even 3 vote edge for either ideology is not healthy.

Over the next few years, President Obama will have no fewer than 3 opportunities to mold the bench. Let's hope he does it with the constitution in mind, and the protections it offers.

Flash