WASHINGTON — David H. Souter, a retired justice of the Supreme Court known for his simplicity and thoughtfulness, passed away at age 85. Known as a Republican from New Hampshire, Souter became a surprising figure for liberals during his nearly two decades on the bench. The Supreme Court announced on Friday that Souter died at his residence in New Hampshire on Thursday.
In 2009, Souter stepped down from the Supreme Court, allowing then-President Barack Obama the opportunity to appoint Sonia Sotomayor, marking the arrival of the first Latina justice on the court. Souter’s original appointment in 1990 came from Republican President George H.W. Bush. Despite his conservative origins, Souter became consistently liberal when it came to issues like abortion, the separation of church and state, freedom of speech, and the accessibility of federal courts. Notably, he dissented in the consequential Bush v. Gore decision of 2000.
While initially apprehensive about his potential impact on the Roe v. Wade ruling, liberal groups found solace in Souter’s decisions supporting abortion rights. In retirement, he expressed concerns about public ignorance of governmental processes potentially harming American democracy. Souter once remarked in 2012 that unaddressed problems could lead people to seek out singular authoritative power, drawing parallels to the fall of the Roman republic.
Living modestly, Souter often had a simple diet and preferred staying out of the spotlight of Washington’s social scene. Instead, he looked forward to spending summers at his family home in New Hampshire. Regardless of his reserved nature, Souter was well-loved by colleagues and friends for his storytelling and generosity.
Chief Justice John Roberts highlighted Souter’s wisdom and kindness during his tenure, mentioning that Souter spent over a decade continuing to hear cases on the 1st U.S. Circuit Court of Appeals after leaving the Supreme Court. Sotomayor recalled the warmth with which Souter welcomed her to the court, cherishing the insightful notes he sent her even post-retirement.
Selected by President Bush from relative obscurity, Souter’s appointment initially led to fears among liberal groups of a potential rollback on abortion rights. Former New Hampshire Governor John Sununu, a conservative ally, had hailed Souter’s nomination. Despite early characterizations as a moderate conservative, Souter joined a 1992 ruling that reinforced a woman’s right to choose, a pivotal decision later overturned by a more conservative court.
Known for his precise and often incisive questioning, Souter famously cut through weak arguments during court sessions. He was historically the 105th justice of the Supreme Court and only its sixth bachelor, maintaining a private lifestyle that avoided Washington’s social circles.
Working rigorous hours throughout the year, Souter revered his job, often forgoing leisure reading. An independent jogger, he lived close to the court and was once a victim of a random mugging while running. Every summer, Souter returned to his cherished home in Weare, New Hampshire, and embraced his love for hiking.
In 2005, Souter in a narrow decision upheld the use of eminent domain for a private development in Connecticut, sparking controversy. Some critics attempted to reclaim his home for a symbolic development, a proposal ultimately rejected by local residents.
After retiring, Souter moved to a more spacious residence, wary of the potential structural strain from his extensive book collection.
Souter’s nomination to the high court, after less than five months as a federal appellate judge, initially worried liberals but ultimately led to dissatisfaction among conservatives due to his centrist-liberal rulings. As a state judge, with limited exposure to constitutional law, Souter was commended for avoiding extreme judicial stances, occasionally siding with conservative decisions like the Exxon Valdez case.
Before joining the judiciary, Souter served as New Hampshire’s attorney general, having begun his legal career in private practice and graduated from Harvard University and Oxford as a Rhodes scholar.