Justice David H. Souter, appointed by President George H. W. Bush in 1990, served on the Supreme Court until his retirement in 2009. Initially anticipated to align with conservative jurisprudence, Souter’s tenure revealed a moderate and often liberal approach, especially on social and civil rights issues. His evolution on the bench surprised and occasionally frustrated conservatives, while endearing him to progressives.
One of Souter’s most significant contributions was his participation in the majority opinion in Planned Parenthood v. Casey (1992). This case reaffirmed the central holding of Roe v. Wade while allowing for certain state restrictions on abortion. Souter’s co-authored opinion highlighted the principle of stare decisis, underscoring the importance of respecting judicial precedents to maintain the Court’s legitimacy.
Souter also demonstrated a deep commitment to civil liberties, often siding with the liberal bloc in cases involving government overreach. In Hamdi v. Rumsfeld (2004), he joined a plurality ruling that upheld the rights of U.S. citizens detained as enemy combatants to challenge their detention in federal court. His stance reinforced his belief in safeguarding individual rights against executive power.
Throughout his tenure, Souter consistently defended the separation of church and state. In Lee v. Weisman (1992), he joined the majority in striking down school-sponsored prayer at public school events, emphasizing the importance of religious neutrality in public institutions.
Souter’s departure in 2009, succeeded by Justice Sonia Sotomayor, marked a transition from his deeply analytical and understated style to a more dynamic liberal voice on the Court. Souter returned to his native New Hampshire, where he remains a respected figure for his integrity, intellectual rigor, and commitment to justice.
