Former Supreme Court Justice David Souter Dies At 85
Former Supreme Court Justice David Souter, a Republican appointee who stepped down in 2009 after frequently aligning with the court’s liberal faction, passed away on Friday, as confirmed by the court. He was 85 years old.
Souter, a reserved New Englander who shunned the national limelight, was referred to as the “stealth nominee” when President George H.W. Bush selected him in 1990 to replace the liberal icon William Brennan. Advisers convinced the president that Souter would shift the court to the right, a misunderstanding that continues to echo today.
The Supreme Court announced that Souter died on Thursday.
“Justice David Souter served our court with great distinction for nearly twenty years,” Chief Justice John Roberts stated in a press release. “He brought exceptional wisdom and kindness to a lifetime of public service.”
Those familiar with Souter remarked that his legal approach was measured, intellectual, and aligned with the principle of judicial restraint.
“The whole point of it was that it was a Constitution and a Bill of Rights for the indefinite future,” Souter expressed during a 2012 event. “The application of these values, the challenge of making them function in practice, was a task that was left to the future.”
Conservatives soon came to regret Souter’s appointment.
After less than two years on the bench, he played a role in a significant ruling that reaffirmed the fundamental principle of Roe v. Wade, specifically that the right to abortion was implicitly safeguarded by the Constitution. He would later align with the court’s liberal majority in rulings concerning civil rights, affirmative action, and voting.
His tenure ignited a rallying cry on the right – “No More Souters” – leading to more rigorous ideological scrutiny of nominees. Future nominees from both parties, including the current justices, are less likely to diverge from the views of the party that appointed them.
In 1995, Souter delivered a highly publicized unanimous judgment regarding the First Amendment, which permitted the organizers of a St. Patrick’s Day parade in Boston to refuse participation from an LGBTQ group. A decade later, he advocated for a 5-4 ruling that determined three counties in Kentucky breached the First Amendment by exhibiting framed reproductions of the Ten Commandments in courthouses and public schools.
“The divisiveness of religion in current public life is inescapable,” Souter stated. “This is no time to deny the prudence of interpreting the establishment clause as necessitating government neutrality on religious beliefs, which should be left to the individual’s conscience.”
He often conveyed his views with humility. In a 2009 concurrence regarding a case about Navajo Nation mineral rights, Souter contributed merely two sentences.
“I continue to regret that my stance” in an earlier case “did not prevail,” he noted. “However, it did not, and I concur that the precedent from that case necessitates the outcome reached here.”
In a further deviation from contemporary norms, Souter stepped down after 19 years on the Supreme Court, with the intention of returning to his tranquil life in New Hampshire. Souter, who had never married and was not particularly fond of the Washington social scene, retired at the age of 69, which is significantly younger than most justices upon their departure.
His resignation provided President Barack Obama, a Democrat, with his first chance to appoint a Supreme Court justice.
Obama selected Sonia Sotomayor, a self-identified “fiery Latina,” to succeed the reserved New England native Souter. Sotomayor is currently the senior member of the court’s three-justice liberal faction.
Souter, pleased to leave behind the politics and turmoil of Washington, spent his retirement in New Hampshire, often serving on lower courts to address vacancies as required.
His aspiration for a serene life was evident throughout his time on the Supreme Court, as he shunned technology and composed his rulings in longhand.
