Supreme Court Justice David Souter, when asked if he would have retired now if Republican presidential candidate John McCain had been elected last November instead of Barack Obama, reportedly said that he "probably" would. With that answer, Souter does not directly refute commentary that he waited to retire until a president more to his liking than George W. Bush would be in a position to replace him. One expert identifies Souter as "a prime example" of justices who time their retirements for strategic reasons.
Souter's Retirement Timing: Was It Age or Politics?
The National Law Journal
May 6, 2009