A Surprising Liberal Voice from a Conservative Appointment
Former Supreme Court Justice David Souter, a Republican appointee who retired from the high court in 2009 after voting consistently with its liberal wing, has died, the Supreme Court announced on Friday.
He was 85 years old.
Who Was David Souter? Profile of a “Stealth Nominee” Who Changed the Supreme Court
Souter, a low-key New Englander who eschewed the national spotlight, was known by some as the “stealth nominee” when President George H.W. Bush nominated him in 1990 to replace the liberal lion William Brennan.
Advisers assured the president that Souter would move the court to the right – a misreading that continues to reverberate today.
How Did David Souter Die? Cause of Death and Supreme Court Statement
The Supreme Court said Souter died “peacefully” on Thursday at his home in New Hampshire, but did not disclose the cause.
“Justice David Souter served our court with great distinction for nearly twenty years,” Chief Justice John Roberts said in a statement.
Souter’s Legal Philosophy: Constitution as a Living Document
Measured, scholarly and faithful to the idea of judicial restraint, those who knew Souter said his approach to the law shouldn’t have surprised anyone who was paying close attention.
“The whole point of it was that it was a Constitution and a Bill of Rights for the indefinite future,” Souter said during a 2012 event.
Souter’s Impact on Roe v. Wade and Abortion Rights in the U.S.
It did not take conservatives long to regret Souter’s nomination.
After less than two years on the bench, he helped orchestrate a significant opinion that upheld the central tenet of Roe v. Wade.
It wasn’t until 2022 – three decades later – that the court ultimately overturned Roe.
David Souter’s Key Supreme Court Decisions on Civil Rights and Religion
And he would go on to side with the court’s liberal bloc in cases dealing with civil rights, affirmative action and voting.
His tenure inspired a rallying cry on the right – “No More Souters.”
Pam Bondi and Legal Community React to David Souter’s Death
Attorney General Pam Bondi described Souter in a social media post Friday as a “brilliant man who devoted his life to public service and our courts.”
David Souter on the First Amendment: Religion, Free Speech, and Government Neutrality
Souter wrote a widely cited First Amendment unanimous opinion in 1995…
A decade later, he wrote for a 5-4 majority finding that three counties in Kentucky had violated the First Amendment…
A Supreme Court Justice Who Preferred Solitude and Simplicity
He was often understated in his opinions…
In another break with today’s norms, Souter stepped down after 19 years on the Supreme Court…
Sonia Sotomayor Replaces Souter — A Turning Point for the Court’s Liberal Wing
His retirement gave President Barack Obama his first chance to name a Supreme Court justice.
Obama chose Sonia Sotomayor, a self-described “fiery Latina”…
David Souter in Retirement: From Washington to New Hampshire Mountains
Souter, happy to leave the politics and agitation of Washington behind, spent his retirement in New Hampshire…
Bush v. Gore: A Defining Blow to David Souter’s Judicial Career
A stinging defeat for Souter was the 2000 decision Bush v. Gore…
“He believed it was the ultimate politicization of the Supreme Court.”
David Souter’s Background: Harvard Graduate and New Hampshire Public Servant
David Hackett Souter was born in Massachusetts in 1939…
He spent the summers as a child in his grandparents’ house in New Hampshire…
Controversial but Confirmed: Souter’s Supreme Court Nomination Journey
Despite stiff opposition from the NAACP and the National Organization for Women, Souter was confirmed 90-9 by the Senate.
How Souter Viewed the Law: Not Just an Intellectual Puzzle
Peter Rubin, a former law clerk, stated…
“In contrast to many of his conservative colleagues, the law for him was not an abstract set of rules…”
David Souter’s Quirks and Daily Life Beyond the Courtroom
Some of his habits were idiosyncratic, especially for Washington…
“Plain yogurt” and “he ate the core” became part of Supreme Court folklore.
Legacy and Lasting Impact of Justice David Souter on U.S. Law
After retiring from the Supreme Court, Souter continued to occasionally hear cases…
In 2010, Souter set out his philosophy during a commencement speech at Harvard…
“We want not only liberty, but equality as well,” he said.
“The court has to decide which of our approved desires has the better claim, right here, right now…”
