Retired Supreme Court Justice, David Souter, Dies at 85
Retired Supreme Court Justice David Souter, appointed by President George H.W. Bush in 1990, died Thursday at his New Hampshire home at 85. Despite his Republican nomination, Souter became a reliable liberal voice during his 19-year tenure, prompting the GOP rallying cry “No more Souters” to avoid justices who might shift left.
Chief Justice John Roberts praised Souter’s “uncommon wisdom and kindness” in a Friday statement, noting he “will be greatly missed.”
Born September 17, 1939, in Melrose, Massachusetts, Souter graduated from Harvard College in 1961, studied at Oxford as a Rhodes Scholar, and earned his law degree from Harvard in 1966. After briefly practicing law, he served under New Hampshire Attorney General Warren Rudman, becoming attorney general in 1976, a state trial court judge in 1978, and a New Hampshire Supreme Court justice in 1983. In 1990, he was unanimously confirmed to the 1st Circuit Court of Appeals.
Months later, Bush nominated Souter to replace liberal Justice William Brennan. Touted as a conservative by allies like John Sununu, Souter faced scrutiny over his unclear stance on issues like abortion. Confirmed 90-9, he joined the court in October 1990.
In 1992, Souter solidified his liberal leanings by co-authoring Planned Parenthood v. Casey, upholding Roe v. Wade’s core, disappointing anti-abortion groups. Retiring in 2009 at 69, younger than many justices, Souter openly disliked Washington, D.C., calling his role “the world’s best job in the world’s worst city.” His draft dissent in Citizens United, criticizing the majority’s campaign-finance overhaul, was a notable exit, prompting the court to delay the case.
Post-retirement, Souter returned to the 1st Circuit, ruling in cases like Carson v. Makin, which upheld a Maine ban on state funds for religious schools—a decision the Supreme Court overturned in 2022. This set the stage for a pending case on religious charter schools, with a ruling expected by mid-2025.
