Justice Souter to Retire

From the Times:

Justice David H. Souter plans to retire at the end of the term in June, giving President Obama his first appointment to the Supreme Court, four people informed about the decision said Thursday night.

Justice Souter, who was appointed in 1990 by a Republican president, the first George Bush, but became one of the most reliable members of the court’s liberal wing, has grown increasingly sour on Washington and intends to return to his home state, New Hampshire, according to the people briefed on his plans. One official said the decision might be announced as early as Friday.

The departure will open the first seat for a Democratic president to fill in 15 years and could prove a test of Mr. Obama’s plans for reshaping the nation’s judiciary. Confirmation battles for the Supreme Court in recent years have proved to be intensely partisan and divisive moments in Washington, but Mr. Obama has more leeway than his predecessors because his party holds such a strong majority in the Senate.

My understanding is the nominee would have to make it through the Senate Judiciary Committee. But the news of earlier this week (oh you remember! Arlen Specter switching parties? You remember, right??) has shifted things in the Judiciary Committee just a tad.

With his switch Arlen is no longer the "Ranking Member" of the committee as that member is, by definition, the highest ranking member of the committee from the party NOT in power in the Senate.

And when he crossed the aisle he kept his seniority - and he outranks the most senior democrat in four of his six committees. Something that doesn't please some high ranking (though not as high ranking as Arlen) Senate Democrats. But on the Judiciary, he wouldn't out rank Senator Leahy.

In any event, CQPolitics has a piece on why this isn't the best time for the committee:

Here's why having Specter no longer in the role of ranking Republican creates disarray in the GOP.

Ranking Republican isn't just a courtesy title. It's a management job.

That's the person who runs the staff of legal professionals who evaluate legislation and handle the behind-the-scenes work of vetting each judicial nominee. As you can imagine, going through the paperwork on a Supreme Court nomination -- and dealing with the politics of a Supreme Court nomination -- is a very big job.

Will the experienced staff that Specter assembled continue to work for the committee?

And that also brings up another question. The as yet un-updated webpage for the committee shows its make up to be 11 Democrats (including the Chair, Leahy) and 8 Republicans. With Specter's move to the D-side, I presume one of the Democrats on the committee will have to leave.

Which one will it be?