WASHINGTON – Former Supreme Court Associate Justice David Souter, a Republican nominee who sided with his liberal colleagues in many high-profile cases in his 19-year tenure, has died.
He was 85.
Souter died peacefully on May 8 at home in New Hampshire, according to a statement from the court.
Chief Justice John Roberts said Souter brought “uncommon wisdom and kindness to a lifetime of public service.”
“He will be greatly missed,” Roberts said in a statement.
A former New Hampshire attorney general, Souter’s background as a New England moderate put him at odds with the more conservative Republican Party forged by Ronald Reagan’s presidency. That perspective often left Souter in dissent on a conservative high court led by former Chief Justice William Rehnquist.
An intensely private man who eschewed Washington’s social scene and rarely appeared in public, Souter was a central figure in a 1992 decision upholding the constitutional right to abortion – an outcome that left conservatives feeling betrayed. “No More Souters” became a rallying cry on the right for a time.
Souter was nominated to the court by President George H.W. Bush in 1990 – the Republican president’s first pick. Largely unknown, with few public remarks, Souter was considered a politically palatable choice as the contentious Senate rejection of Reagan nominee Robert Bork three years earlier still rattled Washington.
Bush had found a nominee with less baggage – the Senate confirmed him 90-9 – but because he was relatively unknown, Souter earned the nickname “stealth nominee.”
Souter had served on the Boston-based U.S. Court of Appeals for the 1st Circuit for just more than four months before Bush picked him for the high court. He had previous served as a justice on the New Hampshire Supreme Court.
The Harvard Law School graduate and Rhodes scholar, who never married, wrote the 5-4 majority decision in 2005 ruling that the display of the Ten Commandments in Kentucky courthouses unconstitutional. A decade earlier, he wrote the majority opinion allowing Boston’s St. Patrick’s Day parade to exclude LGBTQ rights groups.
But Souter may be best remembered for his dissents. When the court in 1995 struck down a federal law banning the possession of a handgun within 1,000 feet of a school on the grounds that Congress exceeded its authority under the commerce clause, Souter asserted in dissent that the court should have instead deferred to Congress .
Five years later, a majority led by Rehnquist struck down part of the 1994 Violence Against Women Act that allowed victims to sue assailants for damages. Again the court ruled the law violated Congress’ commerce power and again Souter countered the Constitution gave lawmakers broad power to decide how to define commerce.
Souter also dissented in Bush v. Gore, the case that decided the 2000 election for President George W. Bush.
With his dry sense of humor, Souter seemed increasingly eager to leave Washington and return to New Hampshire in his final years on the court. In an unusual public appearance in 2009, the justice quipped offhandedly that he underwent something of an “annual intellectual lobotomy” during the court’s October-to-June term.
Months later, soon after President Barack Obama had taken office, he announced his retirement. At 69, he was one of the youngest justices to retire from the high court. Souter continued to hear and decide cases on the First Circuit in retirement.
He was succeeded by Associate Justice Sonia Sotomayor.
“I retired when the Supreme Court rose for the summer recess in 2009, and a couple of weeks later I drove north from Washington with no regrets about the prior 19 years or about the decision to try living a more normal life for whatever time might remain,” he told Harvard in a 2011 class report.
After leaving the high court, Souter regular heard cases on the Boston-based 1st U.S. Circuit Court of Appeals for more than a decade. He also worked on civics education reform efforts in New Hampshire.
This article originally appeared on USA TODAY: David Souter, a former Supreme Court justice who upheld abortion, dies
The post David Souter, former Supreme Court justice and GOP nominee who often sided with liberals, dies appeared first on USA TODAY.
