Former Justice David Souter passed away at 85, leaving behind nearly two decades on the U.S. Supreme Court and a reputation as a thoughtful centrist. President George H.W. Bush nominated Souter in 1990 to fill the seat of liberal stalwart William Brennan. He served until 2009, then continued judicial duties on the First Circuit Court of Appeals.
Chief Justice John Roberts praised Souter for his “uncommon wisdom and kindness.” Roberts noted that, even in retirement, Souter sat regularly on the appeals court and continued serving the judiciary.
From New Hampshire to the High Court
Born and raised in New Hampshire, David H. Souter hailed from modest roots. He excelled at Dartmouth College and Harvard Law School. Before the Supreme Court, he served on New Hampshire’s Superior Court and the First Circuit.
President Bush lauded Souter as “a remarkable judge of keen intellect.” Yet within five years, conservative journals labeled him a “stealth justice” for siding with the Court’s liberal wing more often than expected.
Defining Opinions and Unusual Alliances
During his 19 years on the bench, Justice David Souter authored landmark opinions in key areas:
- Abortion Rights: In 1992’s Planned Parenthood v. Casey, Souter joined Justices O’Connor and Kennedy to reaffirm Roe v. Wade. He helped craft the “undue burden” standard. “To overrule under fire … would subvert the Court’s legitimacy,” they wrote.
- Religion and Government: He championed strict neutrality. In 2005, he blocked Ten Commandments displays in Kentucky courthouses. He opposed prayers at public school graduations. He called it “appalling” that Jewish students felt excluded by Christian prayers in school.
- Property Rights: Also in 2005, he backed local governments’ power to seize private land for public use. That decision sparked protests and even a failed ballot measure targeting his New Hampshire farmhouse.
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A Reluctant Textualist
Although he often endorsed “originalism”—interpreting laws by their historical meaning—Justice Souter rejected simplistic textual approaches. He believed judges must weigh “all the power of their hearts and minds” to reach sound decisions. He distanced himself from the hard-line textualism of Justices Scalia and Thomas.
Souter also defended affirmative action during confirmation, predicting a lasting need to address societal discrimination. His nuanced stance endeared him to centrist and liberal colleagues.
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The Bush v. Gore Dissent
One of Souter’s most memorable dissents came in Bush v. Gore (2000). He opposed the majority’s decision to halt Florida’s manual ballot recount. “There is no justification for denying the State the opportunity to try to count all disputed ballots now,” he wrote. Reports suggest the ruling so distressed him that he considered resigning.
Civic Education and Humanity
Beyond rulings, Justice David Souter championed civic education. He warned that judges needed a grasp of history, literature, and the arts to understand the Constitution’s human dimensions. He seldom spoke publicly on jurisprudence, but when he did, he urged a balanced approach to constitutional law.
Subra Suresh, a former Carnegie Mellon president, recalled Souter urging judges to “recognize the human aspect of their decisions.”
Retirement and Legacy
Souter retired at 69. He returned to his two-century-old New Hampshire farmhouse. He remained unmarried and rarely sought the limelight. President Obama, in accepting his retirement, called him “fair-minded and independent” and noted his “feverish work ethic.”
Fellow clerks and legal scholars remember him as a “frugal Yankee Republican” who defied modern partisan labels. His career illustrates the unpredictable nature of judicial nominations and the importance of individual conscience on the bench.
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