Ginsburg in worse health than Rehnquist... Souter possibly retiring too

[Peter]

I follow Justice Souter pretty closely, and I believe that there was some truth to the suggestion that he had considered stepping down in the past.

A couple of years ago, his judicial activity dropped right off the radar - he was writing less and less, and most of what he did write was per curiam stuff. In the last session however, his activity has popped back up, a lot of dissents and a few important opinions. Quite what was wrong I'm not sure; I heard rumours about poor health, but I didn't really believe that.

Also, I've got to wonder what he expects to do in NH if these rumours are true, he's a bachelor after all, and other than that as far as I'm aware he spends his time hiking up and down hills, which he won't want to do the entire time.

[Peter]

Clinton appointed two very liberal judges to the bench, one of whom replaced an anti-Roe vote.

Whilst I agree as to Ginsburg, Breyer is not "very liberal", and I typically cast him as a moderate liberal just to the right of David Souter.

quetion: when will souter come out of the closet?

Indeed. There is certainly a reem of circumstancial evidence to suggest he is gay, and I tend to think he is, though this is more because I want to believe that there could be a gay SCJ than any truly objective analysis.