Justice Souter Has Passed Away

Retired Justice David Souter has passed away at the age of 85.

Preceded by Justice Brennen and succeeded by Justice Sotomayor, Justice Souter is not among the most recognizable SCOTUS names; he never had a cult following like Ruth Bader Ginsburg or drew attention like Antonin Scalia or Clarence Thomas. He nevertheless left his mark on the Court as a not-always-predictable swing voter. Appointed by President Bush the First back in 1990 and easily confirmed, he was expected to be a champion of conservatism, but quickly proved himself to be a moderate voice on the Court instead. He disappointed the right when he joined the majority opinion in Planned Parenthood v Casey, upholding Roe v Wade, and solidified himself as “Bush’s mistake” when siding with the liberals in Bush v Gore in 2000.

He was well-liked among his SCOTUS brethren from both sides of the ideological divide, though it was reported that he was very troubled by the Bush v Gore decision and considered stepping down at the time. He ended up staying on the bench until 2009. He was known for eschewing computers, and for eating plain yogurt and an apple – core and all – every day for lunch.

David Souter was born in Massachusetts on September 17, 1939. He attended Oxford and Harvard, earning his law degree from the latter. He served as the attorney general of the state of New Hampshire before becoming a judge and ultimately serving on the state’s supreme court. He was briefly on the US Court of Appeals for the 1st Circuit before his nomination to the high court in 1990.

Souter never married or had children. Upon his retirement, he returned to New Hampshire but continued to serve as a visiting judge, sitting occasionally by designation on the First Circuit until 2020.

To be a “lesser known” Justice of the Supreme Court is still to have a place in history, and David Souter earned his, on his own terms. His decision making was rooted not in partisan expectations but in his own legal judgment; we should ask nothing more of those who reach a seat on our highest court.