Although Justice Souter was appointed by anti-choice President George H.W. Bush, his opinions have usually supported the constitutional rights of privacy and choice.

He is one of the three so-called "swing" justices who acknowledge that the Constitution protects a woman's right to choose, but will uphold laws that burden that right, up to the point that the burden is "undue."

The retirement of Justice Souter would be especially troubling for the right to choose because he is commonly viewed as the most pro-choice of the three "swing" votes sitting on the Court today.

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