I think Ginsberg may be right. From AP–
Justice Ruth Bader Ginsburg told law students Friday there could be an opening on the Supreme Court soon but didn’t hint at who might be leaving.
Ginsburg, who spoke at New England Law’s annual “Law Day,” said the nine justices only take pictures together when a new member is added. “We haven’t had any of those for some time, but surely we will soon,” she said.
She did not elaborate and declined to take questions from reporters at the event.
Court watchers suggest Ginsburg, 88-year-old John Paul Stevens and 69-year-old David Souter are the most likely to retire.
Stevens has repeatedly said he still enjoys his work and has hired law clerks for the term that begins in October.
Souter has said nothing about his plans and has not picked his law clerks, though he usually is one of the last justices to do so.
Based on his age, ‘The Fedex Justice’ as one Supreme Court Justice labeled John Paul Stevens, would have to be considered the most likely one to step down.
Unless Obama does a JFK/Byron White, the court is unlikely to shift from his appointing a replacement for either Ginsberg, Stephens, or Souter. Democratic Presidents have had a much better track record of appointing new Justices who hold liberal beliefs than Republican Presidents have when trying to find conservative justices.(William Brennan, Harry Blackmun, Souter to name a few)
I’ve been a court watcher ever since reading ‘The Brethren’ thirty years ago. At present I’m reading ‘The Supreme Court, The personalities and rivalries that defined America’ by Jeffrey Rosen, George Washington University Law Professor and legal affairs editor of The New Republic. If you like reading about the history of the USSC, you would probably enjoy this book.