Shortly after Justice David Souter began his tenure on the U.S. Supreme Court, his name became a sort of shorthand used by conservative activists who didn't appreciate his liberal leanings and believed they had been duped - by Souter, by the first President Bush and by then-White House Chief of Staff John H. Sununu, who had assured them that Souter would be a "home run" for their side.
"No more Souters" became the rallying cry of those who demanded that judicial nominees be crystal clear about their beliefs and judicial philosophies from the get-go. In other words, no surprises.
As President Obama now begins the task of picking Souter's replacement on the court, there are no doubt liberals who feel the same way: They want to know what they're getting.
And yet Obama would be wise to look for many of the very attributes Souter brought to his two decades on the court.
Consider:
• Souter owed his job - in fact most of his jobs over the years - to Republican politicians, yet he easily divorced those loyalties from the task at hand. This was most notable in the Bush v. Gore case of 2000 when, as part of the minority, he insisted that Florida should be allowed to continue counting votes, rather than handing the presidential election to the Republicans. He reportedly viewed the outcome as raw partisan politics, and it soured him greatly on the court.
• Longtime court-watchers describe Souter's demeanor over two decades as the epitome of judicial. He was courteous yet persistent when questioning the attorneys before him. And he was eminently well-prepared.
• He was not an ideologue. Souter came to the court without an agenda - except his commitment to core constitutional values. He valued judicial precedent. But he was mindful of the way the law affected the everyday lives of regular Americans.
• Most of all, he never lost track of who he was. Souter made clear from the beginning that he had little interest in the trappings of Washington power and the social scene in the nation's capital. He rarely spoke publicly. He didn't write a book or give TV interviews. His lack of pretense quickly made him a favorite among the court staff. Twenty years later, nothing has changed.
Nonpartisan, intellectually sharp, open-minded and self-confident - not a bad help-wanted ad for the next justice of the Supreme Court.
When Souter first went to Washington back in 1990, the political class and national media treated him like a curious misfit from another century.
Why no computer? Why no wife? Why not a spiffier house? Why not snazzier clothes? Nearly 20 years later, the national news coverage has much the same air of bafflement about it: He's choosing New Hampshire over Washington? He still has that same ramshackle old house? He wants to sit around and read?
With luck, that will soon be replaced by an appreciation for a judge who served his country with honesty, courage and honor. Welcome home, Justice Souter.
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Comments
Justice Souter
By Bruce Currie - 05/10/2009 - 11:14 pmI agree with Tommy H. and Bobcat. Souter's departure is the nation's loss. He was, as the editorial said, fair-minded and non-ideological. I think that had he stayed on the court, he would one day have been regarded as a great justice. He epitomizes stalwart New England Republican virtues. The party moved hard right; by any fair-minded reckoning, Souter is a moderate in his thinking and philosophy. And that includes even the Kelo decision, which was decided well within precedent.
Roberts, Alito, Thomas, and to a lesser degree, Scalia, are the ideologues on the court. Thomas doesn't believe in precedent, according to Scalia. Scalia's doctrine of "originalism" is one that allows as much "interpretation" as any other strain of judicial philosophy. Roberts and Alito have so far shown no capacity for growth beyond being narrow-minded, rigid, and heartless corporate tools. There is much more of heaven and earth in Souter's philosophy than in their's.
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DON'T FORGET
By Anonymous - 05/07/2009 - 12:11 pmFormer senator Warren Rudman also played a part in getting judge Souter to the high court. He certainly deserves a kick in the butt for his stupidity.
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Maybe not Washington, but something did.
By PaulInFremont - 05/05/2009 - 3:54 pmWhen Souter was appointed by G.H.W. Bush, at the behest of John Sununu, he was known as a 'moderate repulican' type of judge.
Something happened to him in Washington. He became a reliable left-wing liberal judge for the most part.
He did vote with the 7-2 majority in the first part of Bush v Gore. That was the part where the court held that the recounts were unconstitutional. He voted with the 5-4 minority in the 'what do you do about it?' part.
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A Good, Thoughtful Editorial
By Bobcat - 05/05/2009 - 2:56 pmNicely done, Monitor.
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The Critics
By Tommy Hambledon - 05/05/2009 - 12:16 pmI wonder how many of the people who rail and scream about Justice Souter (or other Supreme Court justices) have actually read the decisions they claim to despise?
As far as the case of Kelo v. New London (the eminent domain case) is concerned, I happen to think the decision was wrong, but I also think it was a fairly close call and that the majority's reasoning was certainly defensible and very much consistent with earlier precedents.
One interesting thing to think about: many people who decry the New London case claim that it was an "activist" decision by "activist" judges. To the contrary, it was a "conservative" decision in the sense that the court refused to strike down--as unconstitutional--duly enacted local laws and actions. In other words, the court declined to interfere in local government affairs. I think the court got it wrong, but it was hardly an "activist" decision. Of course, many court critics think an "activist" judge is simply one who decides a case the "wrong" way.
In any event, the idea of trying to punish a judge for deciding a case the "wrong" way (such as the ill-fated proposal to take Souter's home by eminent domain) is pernicious and wrong-headed, in my view.
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Victor
By yesacrellim - 05/05/2009 - 11:35 amIt is the duty of the judiciary to interpret the Constitution.
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Souter nonpartisan?
By Victor Laszlo - 05/05/2009 - 7:15 amThen why did he wait until Obama was in office to retire and leave the town he so hated? It was a calculating and partisan move.
This from the Washington Post, May 1, "A friend who ran into him last summer in Concord said he was surprised by just how strongly Souter spoke about wanting to leave Washington. "He said, 'If Obama wins, I'll be the first one to retire,' " said the friend, who spoke on the condition of anonymity because Souter had not yet announced a retirement.
The Concord Monitor refers to Souter as "not an ideologue"; that's code for a justice who likes to "interpret" the constitution.
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All I need to know about Souter
By Hunter Dan - 05/05/2009 - 5:59 amis that he voted to allow the Govt. to confiscate personal property at any time for their purposes.
We should've turned his home into the Liberty Hotel while we had the chance!
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