Skip to main content  Speculation abounds in upcoming high court
vacancy    • Story Highlights   • Justice David Souter will be
retiring at end of session   • Souter has carved a mostly
moderate-liberal position   • Much speculation about nominating
minority candidate to replace Souter   • It has been more than
three years since the latest justice took the bench By Bill
Mears CNN Supreme Court Producer Decrease font Decrease font
Enlarge font Enlarge font  WASHINGTON (CNN) -- The Constitution
gives the president the exclusive power to nominate members of
the Supreme Court. But it does not guarantee the political
process will run smoothly for him or his nominee.  Justice
Clarence Thomas replaced Thurgood Marshall on the high court
after a contentious confirmation process.  Supreme Court Justice
David Souter was nominated by President George H.W. Bush.    In
the 220 years since the U.S. Constitution took effect, only 110
people have sat on the Supreme Court, an average of exactly one
new justice every two years