Former U.S. Supreme Court Justice David Souter, a reserved New England intellectual who defied conservative expectations and shaped key liberal rulings, died May 8 at his home in New Hampshire. He was 85. The court confirmed his death but did not release a cause.
From “Stealth Candidate” to Unexpected Liberal Voice
Appointed by President George H.W. Bush in 1990 to replace Justice William Brennan Jr., Souter was initially hailed by conservatives as a safe, quiet pick. With little public record, he was dubbed the “stealth candidate.” Yet he quickly emerged as a key moderate voice, siding with the liberal wing in landmark decisions on abortion, gay rights, church-state separation, and the death penalty.
Defending Precedent in Landmark Abortion Case
In one of his most consequential rulings, Souter co-authored the 1992 Planned Parenthood v. Casey decision with Justices Sandra Day O’Connor and Anthony Kennedy, upholding the core protections of Roe v. Wade. He warned that reversing precedent “under fire” would damage the court’s legitimacy.
A Reclusive Life Devoted to Law and History
Souter, famously shy of Washington’s spotlight, described the Supreme Court as the “world’s best job in the world’s worst city.” He spent summers alone in his New Hampshire farmhouse, reading and hiking. He disliked giving speeches and had no computer in his chambers, preferring to write opinions longhand with a fountain pen.
Disillusionment After Bush v. Gore
Souter’s quiet demeanor masked deep concern about the court’s direction. He was among the dissenters in Bush v. Gore (2000), the decision that halted Florida’s recount and secured George W. Bush’s presidency. The case left him demoralized. Former clerk Kermit Roosevelt said it “broke Souter’s heart” and made judging feel like “an act of political will.”
Unexpected Retirement and Lasting Legacy
In 2009, at age 69, Souter retired voluntarily — younger than many justices — to return to New Hampshire and his books. He continued hearing cases at the federal appellate level. President Obama praised his fairness and independence, calling him a justice who “never sought to promote a political agenda.”
Early Life and Legal Rise
Born in Melrose, Massachusetts, in 1939, David Hackett Souter moved to Weare, New Hampshire, as a child. A top student, he graduated from Harvard, studied at Oxford as a Rhodes Scholar, and earned a Harvard Law degree. He served as New Hampshire’s attorney general, then ascended through the state and federal judiciary. His nomination to the Supreme Court came just months after joining the U.S. Court of Appeals for the First Circuit.
Judicial Philosophy and Courtroom Presence
Souter embraced a philosophy of judicial restraint and precedent. He was known for long, precise opinions and persistent questioning during oral arguments. Though personally cordial with conservative justices like Antonin Scalia, he often clashed with them over constitutional interpretation.
Quiet but Principled in a Shifting Court
During his nearly 20 years on the bench, Souter often found himself in dissent as the court leaned right. He opposed decisions weakening desegregation and voting rights, and his draft dissent in Citizens United — never published — reportedly accused Chief Justice Roberts of manipulating procedure for ideological ends.
Final Years and Reflection
After retirement, Souter lived in Concord, New Hampshire, in a modest home with a library for his vast book collection. Close friends described him as principled and deeply patriotic. On the day of the Bush v. Gore ruling, he gave his clerks a Robert Frost poem. One line stayed with him: “What to make of a diminished thing.”
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