Justice David H. Souter by Supreme Court of the United States / Wikimedia Commons
CV NEWS FEED // Retired Supreme Court Justice David H. Souter, a Republican appointee who unexpectedly became a consistent liberal vote on the Court, died Thursday at age 85 at his New Hampshire home.
Chief Justice John Roberts praised Souter’s tenure in a Friday statement.
“Justice David Souter served our Court with great distinction for nearly twenty years. He brought uncommon wisdom and kindness to a lifetime of public service,” Roberts said. “After retiring to his beloved New Hampshire in 2009, he continued to render significant service to our branch by sitting regularly on the Court of Appeals for the First Circuit for more than a decade. He will be greatly missed.”
Appointed by President George H.W. Bush in 1990, Souter was expected to be a reliable conservative voice. However, he quickly aligned the Court’s liberal wing, casting pivotal votes on issues in favor of abortion, affirmative action, and restrictions on religious expression.
In Planned Parenthood v. Casey in 1992, Souter co-authored the controlling opinion that reaffirmed Roe v. Wade, keeping abortion legal nationwide—a decision the Court overturned in 2022.
On affirmative action, Souter consistently sided with policies allowing race-based admissions preferences and sided with the Court’s liberal bloc in cases restricting public prayer, including a 1992 decision against prayer at a high school graduation.
In the highly contentious Bush v. Gore case of 2000, which effectively ended the Florida ballot recount and ensured George W. Bush’s election, Souter dissented with three liberal justices.
Souter retired in 2009 at age 69, just months after George W. Bush left office. His departure allowed the newly inaugurated President Barack Obama to nominate Justice Sonia Sotomayor, who has since become a consistent liberal vote on the bench.
A Harvard graduate and Rhodes Scholar, Souter was widely respected for his intellect. He served on the Court for over 19 years, returning to New Hampshire in retirement and remaining active in curriculum reform efforts in the state.
