Retired Supreme Court Justice David H. Souter, a Republican who sided with liberals on major rulings, dies at 85 in New Hampshire.
Justice David H. Souter Passes Away at 85: A Republican Who Championed Judicial Balance
Retired Supreme Court Justice David H. Souter, a Republican known for his unexpected alignment with the Court’s liberal bloc, passed away peacefully at his home in New Hampshire at the age of 85, the Supreme Court confirmed on Friday.
Souter was nominated by President George H.W. Bush in 1990 to take Justice William J. Brennan Jr.’s place as a non-liberal, but during his 19-year career, not only did Souter establish himself as a key centrist but ultimately established himself as a reliable vote for a liberal interpretation of issues including abortion rights, civil rights/liberties, and death penalty. He would routinely vote with Justices Ruth Bader Ginsburg and Stephen Breyer.
From “Stealth Nominee” to Judicial Independence
At the time of his nomination, David Souter was considered a stealth candidate—someone not widely known outside New England and expected to breeze through Senate confirmation. His confirmation was approved 90–9 by the Senate, with all dissenting votes coming from Democrats.
Yet, by the end of his second term on the Court, Souter had already developed a reputation as a justice whose interpretation of the Constitution leaned toward individual rights and liberties. He frequently referenced his judicial role model, Justice John Marshall Harlan II, a Republican Eisenhower appointee known for dissenting during the Warren Court’s liberal rulings.
Souter did not adhere to a strict reading of the Constitution; instead, he embraced the concept of “ordered liberty.” In essence, constitutional protections must be updated to match the realities of modern life, even if those updates were not expressly envisioned by the framers of the Constitution.
Important Decision: Planned Parenthood v. Casey (1992)
Souter’s departure from conservative orthodoxy could not be clearer than in the 1992 case Planned Parenthood v. Casey when he joined Justices Sandra Day O’Connor and Anthony Kennedy—both Republican appointments—in reaffirming the central holding of Roe v. Wade. The decision stunned conservatives and fueled demands from within the Republican Party for more accountability in vetting judicial nominations. The chant “No More Souters” evidenced the growing frustration among conservative activists.
An Engaged, Private Justice
Souter was famously introverted, thoughtful, and critical of the social life in Washington. A lifelong bachelor, he often preferred evenings with a book over elite D.C. gatherings. After retiring in 2009 at age 69—an unusually young age for a justice—he returned to his native New Hampshire, citing his love for a simpler life.
President Barack Obama was able to appoint Justice Sonia Sotomayor to the bench as another milestone for the Court because of his retirement.
Reflecting on His Legacy
Chief Justice John Roberts offered his tribute saying:
“Justice Souter served the Court with extraordinary wisdom and compassion. He will be remembered deeply.”
Souter’s greatest legacy may be how his judicial independence reshaped the vetting process for Supreme Court nominees. Republican administrations became increasingly cautious, determined never again to appoint someone whose constitutional interpretations diverged from party lines. Since then, conservative appointments have led to a 6-3 conservative majority on the current Court.
David H. Souter’s life and career reflect a rare kind of judicial integrity—one that transcended politics. His decisions impacted landmark rulings on abortion, civil rights, and criminal justice, shaping American jurisprudence well beyond his time on the bench. In a time of increasing political polarization, Justice Souter remains a symbol of principled moderation.