David Souter, Former U.S. Supreme Court Justice, Dies at 85: A Legacy of Judicial Independence

David Hackett Souter, former Associate Justice of the U.S. Supreme Court, passed away on May 8, 2025, at his home in New Hampshire.

He was 85 years old. Appointed by President George H.W. Bush in 1990, Souter served nearly two decades on the nation's highest court before retiring in 2009. Despite expectations of a conservative tenure, he became known for his independent judicial philosophy and alignment with the Court's liberal wing.

Early Life and Education

Born on September 17, 1939, in Melrose, Massachusetts, David Souter was the only child of Joseph and Helen Souter. He graduated magna cum laude from Harvard University in 1961 with a degree in philosophy and was elected to Phi Beta Kappa. As a Rhodes Scholar, he earned a Master of Jurisprudence from Magdalen College, Oxford, in 1963. He later obtained his LL.B. from Harvard Law School in 1966.

Legal Career in New Hampshire

Souter began his legal career in private practice before entering public service in New Hampshire. He served as Assistant Attorney General (1968–1971), Deputy Attorney General (1971–1976), and Attorney General (1976–1978). He was appointed to the New Hampshire Superior Court in 1978 and to the New Hampshire Supreme Court in 1983. In 1990, he briefly served on the U.S. Court of Appeals for the First Circuit before his nomination to the Supreme Court.

Supreme Court Tenure (1990–2009)

Confirmed by the Senate with a 90–9 vote, Souter joined the Supreme Court in October 1990. Initially perceived as a conservative, he gradually aligned with the Court's liberal justices. He played a pivotal role in several landmark decisions:

• Planned Parenthood v. Casey (1992): Souter co-authored the opinion reaffirming the core holding of Roe v. Wade, emphasizing the importance of stare decisis.

• Bush v. Gore (2000): He dissented from the majority decision that effectively resolved the 2000 presidential election in favor of George W. Bush.

• Kelo v. City of New London (2005): Souter joined the majority in upholding the use of eminent domain for economic development purposes.

Souter was known for his meticulous preparation, thoughtful questioning during oral arguments, and commitment to judicial restraint. He opposed the televising of Court proceedings, believing it could compromise the Court's integrity.

Retirement and Later Years

Souter retired from the Supreme Court in 2009, expressing a desire to return to his native New Hampshire. President Barack Obama nominated Sonia Sotomayor as his successor. Post-retirement, Souter continued to serve by sitting on the First Circuit Court of Appeals until 2020. He also advocated for civic education, warning that ignorance about government functions could undermine democracy.

Personal Life and Legacy

A lifelong bachelor, Souter led a private life, often shunning the Washington social scene. He was known for his ascetic lifestyle, daily lunches of yogurt and an apple, and aversion to modern technology. An avid hiker, he spent much of his free time in the New Hampshire countryside.

Chief Justice John Roberts praised Souter's service, stating, "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."