David Souter, a former Associate Justice of the Supreme Court, has passed away at the age of 85, marking the end of a life dedicated to public service and legal scholarship. His death occurred peacefully at his home in New Hampshire on Thursday, as confirmed by a statement released by the Supreme Court. Souter’s tenure on the court, spanning 19 years, was characterized by intellectual rigor and a willingness to deviate from expected ideological lines, making him a pivotal figure in numerous landmark decisions.
Appointed to the Supreme Court in 1990 by President George H.W. Bush, Souter arrived in Washington with a reputation as a moderate Republican, shaped by his experiences in New England politics. Prior to his Supreme Court nomination, he served as the Attorney General of New Hampshire, a justice on the New Hampshire Supreme Court, and briefly on the U.S. Court of Appeals for the 1st Circuit. His relatively brief stint on the federal appellate court contributed to his initial perception as a "stealth nominee," a term reflecting the limited public information available about his judicial philosophy. This lack of a defined public record made him an attractive candidate for President Bush, who sought to avoid the contentious confirmation battles that had plagued previous nominees, most notably Robert Bork.
Souter’s confirmation process proceeded smoothly, with the Senate voting overwhelmingly in his favor, 90-9. However, his subsequent performance on the court often defied expectations, as he frequently sided with his liberal colleagues on critical issues. This divergence from conservative orthodoxy led to disappointment among some Republicans, who had hoped that Souter would consistently uphold conservative legal principles.
One of the most significant instances of Souter’s departure from conservative expectations came in the 1992 case Planned Parenthood v. Casey, where he played a crucial role in upholding the constitutional right to abortion established in Roe v. Wade. This decision, which reaffirmed a woman’s right to choose, sparked outrage among conservatives, who felt betrayed by Souter’s vote. The phrase "No More Souters" became a rallying cry for those on the right who sought to ensure that future Supreme Court nominees would adhere more strictly to conservative principles.
Despite the controversy surrounding his stance on abortion rights, Souter’s jurisprudence was multifaceted and reflected a deep commitment to legal precedent and thoughtful analysis. He authored numerous majority opinions, dissents, and concurrences that shaped the legal landscape on a wide range of issues.
In 2005, Souter wrote the majority opinion in McCreary County v. ACLU of Kentucky, ruling that the display of the Ten Commandments in Kentucky courthouses was unconstitutional. This decision, based on the principle of separation of church and state, further solidified Souter’s reputation as a justice willing to uphold individual liberties and protect against government endorsement of religion.
However, Souter’s record also included instances where he sided with more conservative outcomes. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995), he wrote the majority opinion allowing Boston’s St. Patrick’s Day parade organizers to exclude LGBTQ rights groups, citing their First Amendment right to freedom of expression.
Souter’s dissents were often as significant as his majority opinions, providing valuable insights into his legal reasoning and his concerns about the direction of the court. In United States v. Lopez (1995), where the court struck down a federal law banning the possession of a handgun within 1,000 feet of a school, Souter dissented, arguing that the court should have deferred to Congress’s authority under the commerce clause. He believed that the law, while seemingly related to education and safety, had a substantial impact on interstate commerce and therefore fell within Congress’s purview.
Similarly, in United States v. Morrison (2000), Souter dissented when the court struck down part of the Violence Against Women Act, which allowed victims of gender-motivated violence to sue their assailants for damages. Souter argued that the Constitution granted Congress broad power to regulate commerce and that the Violence Against Women Act was a legitimate exercise of that power.
Perhaps one of Souter’s most notable dissents came in Bush v. Gore (2000), the case that ultimately decided the outcome of the presidential election. Souter sided with the dissenting justices, who argued that the Florida Supreme Court’s interpretation of state election laws should have been respected and that the recount process should have continued.
Known for his dry wit and unassuming demeanor, Souter never fully embraced the social scene of Washington, D.C. He preferred the quiet life of his native New Hampshire and often expressed a desire to return there permanently. In a rare public appearance in 2009, he joked about undergoing an "annual intellectual lobotomy" during the Supreme Court’s term, hinting at the intense intellectual demands of the job.
Souter retired from the Supreme Court in 2009, shortly after President Barack Obama took office. At the age of 69, he was one of the youngest justices to retire in recent history. His decision to retire allowed President Obama to appoint Sonia Sotomayor, the first Hispanic justice, to the Supreme Court.
Following his retirement, Souter continued to serve on the First Circuit Court of Appeals, hearing and deciding cases. He expressed no regrets about his time on the Supreme Court or his decision to return to a more normal life. In a 2011 class report for Harvard, he wrote that he drove north from Washington after his retirement "with no regrets about the prior 19 years or about the decision to try living a more normal life for whatever time might remain."
David Souter’s legacy is one of intellectual independence, a commitment to the rule of law, and a willingness to challenge conventional wisdom. His contributions to American jurisprudence will continue to be studied and debated for years to come.
