Published July 23, 2010

Chief Justice Margaret Marshall in 2004 (AP)

When a Supreme Court justice retires, a window opens for the sitting president to solidify his legacy. For Clinton, it was Breyer and Ginsburg. For Bush, it was Alito and Roberts. For Obama, it’s Sotomayor and, it would appear, Kagan.

But what about Gov. Deval Patrick? In just one term as governor, Patrick has already appointed two justices to Massachusetts’ Supreme Judicial Court. And with the retirement of Chief Justice Margaret Marshall in October, Patrick will appoint a third.

State judges aren’t usually famous, and most people probably don’t remember that Republican Gov. Bill Weld appointed Marshall in 1996.

But she will surely be remembered as the judge who changed gay marriage in America. She ruled with the majority in the landmark decision of Goodridge v. Department of Public Health, 2003. Marshall was also the Bay State’s first female chief justice.

If recent history is a guide, it’s unlikely Patrick will appoint someone outside of the high court to serve as its leader. That turns attention to Associate Justice Roderick Ireland, who is black, said former Justice John Greaney today on Morning Edition. Greaney said to also watch out for Justices Ralph Gants (his successor) and Margot Botsford. The Globe floated Justice Robert Cordy as another possible candidate.

Patrick said he wants to appoint someone with Marshall’s legal “touch.” Whoever it is, it will surely emerge as an issue in the final days of the 2010 gubernatorial campaign.