David Souter
David Souter | |
---|---|
Associate Justice of the New Hampshire Superior Court | |
In office 1978–1983 | |
20th Attorney General of New Hampshire | |
In office July 17, 1976 – September 19, 1978 | |
Governor | Meldrim Thomson Jr. |
Preceded by | Warren Rudman |
Succeeded by | Thomas D. Rath |
Personal details | |
Born | David Hackett Souter September 17, 1939 Melrose, Massachusetts, U.S. |
Political party | Republican[2] |
Education | Harvard University (BA, LLB) Magdalen College, Oxford (MA) |
Signature | |
David Hackett Souter (
Raised in
Souter was nominated to the Supreme Court without a significant "paper trail" but was expected to be a conservative justice. Within a few years of his appointment, Souter moved towards the ideological center. He eventually came to vote reliably with the Court's liberal wing.[4][5] In mid-2009, after Democrat Barack Obama took office as U.S. president, Souter announced his retirement from the Court; he was succeeded by Sonia Sotomayor. Souter has continued to hear cases by designation at the circuit court level.
Early life and education
Souter was born in
Souter graduated second in his class from
Early career
In 1968, after two years as an
In 1978, with the support of his friend Rudman, Souter was named an associate justice of the
Shortly after George H. W. Bush was sworn in as President, he nominated Souter for a seat on the United States Court of Appeals for the First Circuit. Souter had had seven years of judicial experience at the appellate level, four years at the trial court level, and ten years with the Attorney General's office. He was confirmed by unanimous consent of the Senate on April 27, 1990.[12]
U.S. Supreme Court appointment
Souter was seen as a "stealth justice" whose professional record in the state courts provoked no real controversy and provided a minimal "paper trail"[18] on issues of U.S. Constitutional law. Bush saw the lack of a paper trail as an asset, because one of President Reagan's nominees, Robert Bork, had been rejected by the Senate partially because of his extensive written opinions on controversial issues.[19] Bush nominated Souter on July 25, 1990, saying that he did not know Souter's stances on abortion, affirmative action, or other issues.[6][20]
Senate confirmation hearings were held beginning on September 13, 1990. The National Organization for Women opposed Souter's nomination and held a rally outside the Senate during his confirmation hearings.[6] The president of NOW, Molly Yard, testified that Souter would "end freedom for women in this country."[21] Souter was also opposed by the NAACP, which urged its 500,000 members to write letters to their senators asking them to oppose the nomination.[22] In Souter's opening statement before the Judiciary Committee of the Senate he summed up the lessons he had learned as a judge of the New Hampshire courts:
The first lesson, simple as it is, is that whatever court we are in, whatever we are doing, whether we are in a trial court or an appellate court, at the end of our task some human being is going to be affected. Some human life is going to be changed in some way by what we do, whether we do it as trial judges or whether we do it as appellate judges, as far removed from the trial arena as it is possible to be. And so we had better use every power of our minds and our hearts and our beings to get those rulings right.[23]
Despite the organized opposition, Souter won confirmation easily.[24] Souter's performance at the confirmation hearings ensured his approval by the Senate; Walter Dellinger, a liberal Democrat and an adviser to the Senate Judiciary Committee, called Souter "the most intellectually impressive nominee I've ever seen".[25][26] The Senate Judiciary Committee reported out the nomination by a vote of 13–1,[27] and the Senate confirmed the nomination by a vote of 90–9;[28] Souter was sworn into office shortly thereafter, on October 9, 1990.[1]
The nine senators voting against Souter included Ted Kennedy and John Kerry from Souter's neighboring state of Massachusetts. These senators, along with seven others, painted Souter as a right-winger in the mold of Robert Bork.[29]
U.S. Supreme Court
Souter opposed having cameras in the Supreme Court during oral arguments because he said questions would be taken out of context by the media and the proceedings would be politicized.[30]
He also served as the Court's designated representative to Congress on at least one occasion, testifying before committees of that body about the Court's needs for additional funding to refurbish its building and for other projects.[6]
Expected conservatism
At the time of Souter's appointment, John Sununu assured President Bush and conservatives that Souter would be a "home run" for conservatism.
After the appointment of Clarence Thomas, Souter moved toward the ideological middle.[16] In the 1992 case Lee v. Weisman, Souter voted with the liberal wing and against allowing prayer at a high school graduation ceremony.[34]
In the 1992 case Planned Parenthood v. Casey, Souter voted with the moderate wing in a majority decision in which the Court reaffirmed the essential holding in Roe v. Wade but narrowed its scope. Justice Anthony Kennedy had considered overturning Roe and upholding all the restrictions at issue in Casey. Souter considered upholding all the restrictions but was uneasy about overturning Roe. After consulting with O'Connor, the three (who came to be known as the "troika") developed a joint opinion that upheld all the restrictions in Casey except the mandatory notification of a husband while asserting the essential holding of Roe, that the Constitution protects the right to an abortion.[35]
By the late 1990s, Souter began to align himself more with
A Wall Street Journal opinion piece ten years after Souter's nomination called Souter a "liberal jurist" and said that Rudman took "pride in recounting how he sold Mr. Souter to gullible White House Chief of Staff John Sununu as a confirmable conservative. Then they both sold the judge to President Bush, who wanted above all else to avoid a confirmation battle."[41] Rudman wrote in his memoir that he had "suspected all along" that Souter would not "overturn activist liberal precedents."[6] Sununu later said that he had "a lot of disappointment" in Souter's positions on the Court and would have preferred him to be more like Antonin Scalia.[6] In contrast, President Bush said several years after Souter's appointment that he was proud of Souter's "outstanding" service and "outstanding intellect" and that Souter would "serve for years on the Court, and he will serve with honor always and with brilliance".[14]
Notable decisions
Planned Parenthood v. Casey
In the 1992 case
Bush v. Gore
In 2000, Souter voted along with three other justices in Bush v. Gore to allow the presidential election recount to continue, while the majority voted to end the recount. The decision allowed the declaration of George W. Bush as the winner of the election in Florida to stand.
In his 2007 book
Toughened, or coarsened, by their worldly lives, the other dissenters could shrug and move on, but Souter couldn't. His whole life was being a judge. He came from a tradition where the independence of the judiciary was the foundation of the rule of law. And Souter believed Bush v. Gore mocked that tradition. His colleagues' actions were so transparently, so crudely partisan that Souter thought he might not be able to serve with them anymore. Souter seriously considered resigning. For many months, it was not at all clear whether he would remain as a justice. That the Court met in a city he loathed made the decision even harder. At the urging of a handful of close friends, he decided to stay on, but his attitude toward the Court was never the same. There were times when David Souter thought of Bush v. Gore and wept.[43]
The above passage was disputed by Souter's longtime friend Warren Rudman. Rudman told the New Hampshire Union Leader that while Souter was discomfited by Bush v. Gore, it was not true that he had broken down into tears over it.[43]
Relationship with other justices
Souter worked well with Sandra Day O'Connor and had a good relationship with both her and her husband during her days on the court.[6] He generally had a good working relationship with every justice, but was particularly fond of Ruth Bader Ginsburg, and considered John Paul Stevens to be the "smartest" justice.[6]
International recognition
Even though Souter had never traveled outside the United States during his years with the Supreme Court, he still gained significant recognition abroad. In 1995, a series of articles based on his written opinions and titled "Souter Court" was published by a Moscow legal journal, The Russian Justice. Those were followed by a book, written in Russian and bearing Souter's name in the title.
Retirement
Long before the election of President Obama, Souter had expressed a desire to leave Washington, D.C., and return to New Hampshire.[47][48] The election of a Democratic president in 2008 may have made Souter more inclined to retire, but he did not want to create a situation in which there would be multiple vacancies at once.[49] Souter apparently became satisfied that no other justices planned to retire at the end of the Supreme Court's term in June 2009.[49] As a result, in mid-April 2009 he privately notified the White House of his intent to retire at the conclusion of that term.[50] Souter sent Obama a retirement letter on May 1, effective at the start of the Supreme Court's 2009 summer recess.[51] Later that day Obama made an unscheduled appearance during the daily White House press briefing to announce Souter's retirement.[52] On May 26, 2009, Obama announced his nomination of federal appeals court judge Sonia Sotomayor. She was confirmed by the U.S. Senate on August 6.
On June 29, 2009, the last day of the Court's 2008–2009 term, Chief Justice Roberts read a letter to Souter that had been signed by all eight of his colleagues as well as retired Justice Sandra Day O'Connor, thanking him for his service, and Souter read a letter to his colleagues reciprocating their good wishes.[53]
Souter's papers have been donated to the New Hampshire Historical Society and will not be made public until at least 50 years after his death.[54]
Post-Supreme Court career
As a Supreme Court justice with retired status, Souter remains a judge and is entitled to sit
Souter has maintained a low public profile since retiring from the Supreme Court. In one exception, comments he made during a 2012 appearance at the Capitol Center for the Arts in New Hampshire about the dangers of "civic ignorance" were, in 2016, called "remarkably prescient" of the presidential campaign of Donald Trump.[57]
Personal life
Once named by
Souter was elected to the American Philosophical Society in 1994,[60] and the American Academy of Arts and Sciences in 1997.[61]
In 2004, Souter was mugged while jogging between his home and the Fort Lesley J. McNair Army Base in Washington, DC. He suffered minor injuries from the event, visiting the MedStar Washington Hospital Center for treatment.[62] The problem led to public questioning of the Supreme Court Police's security detail, which was not present at the time.[63]
According to Jeffrey Toobin's 2007 book The Nine, Souter has a decidedly low-tech lifestyle: He writes with a fountain pen, does not use email, and has no cellphone or answering machine. While serving on the Supreme Court, he preferred to drive back to New Hampshire for the summer, where he enjoyed mountain climbing.[6] Souter has also done his own home repairs[64] and is known for his daily lunch of an apple and unflavored yogurt.[65]
Former Supreme Court correspondent Linda Greenhouse wrote of Souter: "to focus on his eccentricities—his daily lunch of yogurt and an apple, core and all; the absence of a computer in his personal office—is to miss the essence of a man who in fact is perfectly suited to his job, just not to its trappings. His polite but persistent questioning of lawyers who appear before the court displays his meticulous preparation and his mastery of the case at hand and the cases relevant to it. Far from being out of touch with the modern world, he has simply refused to surrender to it control over aspects of his own life that give him deep contentment: hiking, sailing, time with old friends, reading history."[66]
In early August 2009, Souter moved from his family farmhouse in
Over the years, Souter has served on hospital boards and civic committees.[68][69] He is a former honorary co-chair of the We the People National Advisory Committee.[70]
See also
- George H. W. Bush Supreme Court candidates
- Ideological leanings of United States Supreme Court justices
- List of justices of the Supreme Court of the United States
- List of law clerks of the Supreme Court of the United States (Seat 3)
- List of justices of the Supreme Court of the United States by court composition
- List of justices of the Supreme Court of the United States by seat
- List of United States Supreme Court justices by time in office
- United States Supreme Court cases during the Rehnquist Court
- United States Supreme Court cases during the Roberts Court
- Lost Liberty Hotel
References
- ^ a b "Justices 1789 to Present". Washington, D.C.: Supreme Court of the United States. Retrieved February 15, 2022.
- ^ Barnes, Robert; Shackelford, Lucy (February 12, 2008). "As on Bench, Voting Styles Are Personal". The Washington Post. Archived from the original on November 26, 2020. Retrieved August 26, 2017.
- ^ "Press Release". Supreme Court of the United States. February 13, 2009. Archived from the original on July 21, 2011. Retrieved June 27, 2017.
- ^ a b "David H. Souter". The New York Times. August 3, 2017. Archived from the original on September 6, 2015. Retrieved October 11, 2009.
- ^ Baker, Peter; Zeleny, Jeff (May 1, 2009). "Souter's Exit to Give Obama First Opening". The New York Times. Archived from the original on May 7, 2021. Retrieved February 7, 2017.
- ^ ISBN 0-19-515933-0
- ^ Biography David Hackett Souter Archived March 14, 2021, at the Wayback Machine, Cornell University Law School
- ^ "David Souter, Associate Justice of the U.S. Supreme Court". May 24, 2018.
- ^ "CONCORD HIGH SCHOOL NOTABLES". Concord High School. Archived from the original on December 21, 2013. Retrieved December 17, 2013.
- ^ Supreme Court Justices Who Are Phi Beta Kappa Members Archived September 28, 2011, at the Wayback Machine, Phi Beta Kappa website
- ^ Gerstenzang, James; Lauter, David (July 24, 1990). "Little-Known Judge Named to Replace Brennan on Court : Judiciary: David Souter served as New Hampshire justice and attorney general. He has no clear record on abortion". Los Angeles Times. Archived from the original on July 8, 2017. Retrieved December 31, 2016.
- ^ "PN1016 - Nomination of David H. Souter for The Judiciary, 101st Congress (1989-1990)". www.congress.gov. April 27, 1990. Archived from the original on June 28, 2018. Retrieved June 27, 2017.
- ^ a b Greenberg, Jan Crawford Clarence Thomas: A Silent Justice Speaks Out Archived September 19, 2008, at the Wayback Machine, ABC News, September 30, 2007
- ^ ISSN 0362-4331. Retrieved July 3, 2022.
- ^ "And Then There Were 2 and Finally 1--Souter : Court: Nominee selected over Texas woman primarily for his lack of 'paper trail' on controversial issues". Los Angeles Times. July 25, 1990. Retrieved July 3, 2022.
- ^ a b Greenhouse, Linda Souter Anchoring the Court's New Center Archived May 8, 2017, at the Wayback Machine, The New York Times, July 3, 1992
- ISSN 0362-4331. Retrieved July 4, 2022.
- ^ Rosen, Jeffrey "Stealth Justice" Archived December 7, 2016, at the Wayback Machine, The New York Times, May 1, 2009
- ^ Greenfield, Jeff (July 9, 2018). "The Justice Who Built the Trump Court". POLITICO Magazine. Archived from the original on November 8, 2021. Retrieved October 18, 2019.
- ^ US Supreme Court Archived November 28, 2005, at the Wayback Machine, about.com
- ^ Kamen, Al For Liberals, Easy Does It With Roberts Archived November 30, 2016, at the Wayback Machine, The Washington Post, September 19, 2005
- ^ Molotsky, Irvin N.A.A.C.P. Urges Souter's Defeat, Citing Earlier Statements on Race Archived February 5, 2017, at the Wayback Machine, The New York Times, September 22, 1990
- ^ Senate Committee on the Judiciary: Senate Hearing 101–1263 Archived January 6, 2010, at the Wayback Machine, Hearings on the Nomination of David H. Souter, September 13, 1990.
- ^ Taranto, James and Leo, Leonard "Presidential Leadership" Archived April 7, 2015, at the Wayback Machine, Free Press, 2004
- ISSN 0362-4331. Retrieved July 3, 2022.
- ISBN 978-1-57607-200-4.
- ^ "Judiciary Committee Votes On Recent Supreme Court Nominees | United States Senate Committee on the Judiciary". www.judiciary.senate.gov. Retrieved July 6, 2022.
- ^ "PN1414 - Nomination of David H. Souter for Supreme Court of the United States, 101st Congress (1989-1990)". www.congress.gov. October 2, 1990. Archived from the original on April 7, 2018. Retrieved June 27, 2017.
- ^ Boston, Edward M. Kennedy Institute for the United States Senate Columbia Point 210 Morrissey Blvd; Ma 02125. "Warren Rudman Oral History, Senator, New Hampshire". Edward M. Kennedy Institute for the United States Senate. Archived from the original on October 18, 2019. Retrieved October 18, 2019.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - ^ On Cameras in Supreme Court, Souter Says, 'Over My Dead Body' Archived July 29, 2018, at the Wayback Machine, The New York Times, March 30, 1996
- from the original on October 18, 2019. Retrieved October 18, 2019.
- ^ "Hearings Before the Committee on the Judiciary United States Senate on the Nomination of David H. Souter to be Associate Justice of the Supreme Court of the United States" (PDF). govinfo.gov. September 19, 1990. Archived (PDF) from the original on January 15, 2020. Retrieved October 17, 2019.
- ^ Roosevelt, Kermit. Justice CincinnatusDavid Souter—a dying breed, the Yankee Republican Archived January 24, 2010, at the Wayback Machine, Slate, May 1, 2009.
- ^ Perrin, Marilyn (1994). "Lee v. Weisman: Unanswered Prayers". Pepperdine Law Review. 21: 250. Archived from the original on November 8, 2021. Retrieved October 18, 2019.
- from the original on September 21, 2017. Retrieved October 18, 2019.
- ^ Rosen, Jeffrey The Dissenter: Majority of One, Stevens at the Supreme Court Archived November 24, 2020, at the Wayback Machine, The New York Times, September 23, 2007
- ^ Ponnuru, Ramesh Empty Souter-Supreme Court Justice David Souter Archived September 17, 2008, at the Wayback Machine, National Review, September 11, 1995
- Segal-Cover score)
- ^ Greenfield, Jeff David Souter: The Justice Who Built The Trump Court Archived July 10, 2018, at the Wayback Machine Politico Magazine, July 9, 2018
- ISBN 9781594201011. Archivedfrom the original on November 8, 2021. Retrieved November 10, 2020.
- from the original on October 18, 2019. Retrieved October 18, 2019.
- ^ Wermiel, Stephen (October 2, 2019). "SCOTUS for law students: Supreme Court precedent". SCOTUSblog. Retrieved July 3, 2022.
- ^ a b Did Bush v. Gore Make Justice Souter Weep? Archived November 25, 2017, at the Wayback Machine, The Wall Street Journal, September 6, 2007
- ISBN 5-7619-0015-7, http://lccn.loc.gov/2001434516 Archived November 8, 2021, at the Wayback Machine
- ^ Yury Danilov, The Judiciary: From Samuel to Souter, The Moscow News, October 15, 2003.
- ISBN 5-94381-123-0
- ^ Barnes, Robert (May 1, 2009). "Souter Reportedly Planning to Retire From High Court". The Washington Post. Archived from the original on April 1, 2017. Retrieved August 26, 2017.
- ^ Rucker, Philip (May 3, 2009). "Justice Souter longs for rural hideaway". The Seattle Times. Archived from the original on October 18, 2019. Retrieved October 18, 2019.
- ^ a b Totenberg, Nina (April 30, 2009). "Supreme Court Justice Souter To Retire". NPR. Archived from the original on May 4, 2009. Retrieved May 29, 2009.
- ^ Baker, Peter; Nagourney, Adam (May 28, 2009). "Sotomayor Pick a Product of Lessons From Past Battles". The New York Times. Archived from the original on March 16, 2015. Retrieved May 29, 2009.
- ^ Souter, David H. (May 1, 2009). "David H. Souter Letter to President Obama, May 1, 2009" (PDF). New York Times. Archived (PDF) from the original on May 21, 2009. Retrieved May 20, 2010.
- ^ Obama Announces Souter Retirement Archived May 4, 2009, at the Wayback Machine, The New York Times, Caucus Blog, May 1, 2009
- ^ Phillips, Kate (June 29, 2009). "Souter and Justices Exchange Farewells". The New York Times. Archived from the original on July 3, 2009. Retrieved July 9, 2009.
- ^ Gresko, Jessica (May 11, 2022). "For Supreme Court justices, secrecy is part of the job". Associated Press. Retrieved May 16, 2022.
- ^ Wente, Gary H. (September 7, 2012). Pagano, Florence; Dumas, Michelle; McQuillan, Kelly (eds.). "First Circuit 2010 Annual Report" (PDF). Circuit Executive, United States Court of Appeals for the First Circuit. p. 8. Archived (PDF) from the original on December 24, 2016. Retrieved December 28, 2012.
In January, February, March, and May 2010, retired United States Supreme Court Justice David Souter sat with the court.
- ^ Carrano, Gina. "First Circuit Upholds Firearms Restrictions". Archived from the original on June 26, 2016. Retrieved August 22, 2016.
- ^ "Souter warned of a Trump-like candidate in prescient remarks". MSNBC.com. October 21, 2016. Retrieved July 4, 2022.
- ^ Totenberg, Nina "Supreme Court Justice Souter To Retire" Archived May 4, 2009, at the Wayback Machine, NPR, April 30, 2009
- ^ "David Souter Fast Facts". CNN. July 26, 2013. Retrieved October 22, 2023.
- ^ "APS Member History". search.amphilsoc.org. Retrieved February 10, 2022.
- ^ "David Souter". American Academy of Arts & Sciences. Retrieved February 10, 2022.
- from the original on August 24, 2019. Retrieved December 9, 2019.
- .
- ^ A No-Frills Embrace for a Low-Key Justice Archived April 3, 2016, at the Wayback Machine, The New York Times, May 3, 2009
- from the original on July 31, 2016. Retrieved March 13, 2017.
- from the original on June 26, 2017. Retrieved March 13, 2017.
- ^ Off the Bench, Souter Leaves Farmhouse Behind Archived November 24, 2015, at the Wayback Machine, The New York Times, August 3, 2009
- ^ Linda Greenhouse (July 24, 1990). "An 'Intellectual Mind': David Hackett Souter". The New York Times. Archived from the original on November 12, 2012. Retrieved March 7, 2011.
- ^ Ashby Jones (May 20, 2009). "What's in Souter's Future? Civics, for Starters". The Wall Street Journal. Archived from the original on January 18, 2012. Retrieved March 7, 2011.
- ^ National Advisory Committee Archived March 16, 2009, at the Wayback Machine
Further reading
- Abraham, Henry J., Justices and Presidents: A Political History of Appointments to the Supreme Court. 3rd ed. (New York: Oxford University Press, 1992). ISBN 0-19-506557-3.
- Cushman, Clare, The Supreme Court Justices: Illustrated Biographies, 1789–1995. 2nd ed. (Supreme Court Historical Society; Congressional Quarterly Books, 2001). ISBN 978-1-56802-126-3.
- Frank, John P., The Justices of the United States Supreme Court: Their Lives and Major Opinions (Leon Friedman and Fred L. Israel, editors). (Chelsea House Publishers, 1995). ISBN 978-0-7910-1377-9.
- Hall, Kermit L., ed. The Oxford Companion to the Supreme Court of the United States. (New York: Oxford University Press, 1992). ISBN 978-0-19-505835-2.
- Martin, Fenton S., and Goehlert, Robert U., The U.S. Supreme Court: A Bibliography. (Congressional Quarterly Books, 1990). ISBN 0-87187-554-3.
- Urofsky, Melvin I., The Supreme Court Justices: A Biographical Dictionary. (New York: Garland Publishing 1994). ISBN 978-0-8153-1176-8.
External links
- David Hackett Souter at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- David Souter at Ballotpedia
- Issue positions and quotes at OnTheIssues
- Appearances on C-SPAN
- Supreme Court Justice Souter To Retire, Nina Totenberg, NPR, May 3, 2009
- Online Symposium: Justice Souter and the First Amendment, First Amendment Center, July 23, 2009
- The Selling of Judge David Souter to Movement Conservatives
- David Souter discusses his post-Supreme Court future in the Harvard Law Record, October 2, 2009
- Justice David Souter's Harvard Commencement Remarks, Harvard Gazette, May 27, 2010
- Supreme Court Associate Justice Nomination Hearings on David Hackett Souter in September 1990 United States Government Publishing Office