Former Supreme Court Justice David Souter, a Republican appointee who resigned in 2009 after frequently aligning with the court’s liberal wing, died Thursday at the age of 85, the court confirmed. Souter, a quiet New England figure who avoided national attention, was labeled a “stealth nominee” when President George H.W. Bush selected him in 1990 to replace liberal icon William Brennan. Advisers believed Souter would shift the court to the right — a miscalculation that conservatives still cite today. Chief Justice John Roberts praised Souter’s nearly two decades on the bench, calling him a source of “uncommon wisdom and kindness.”
Souter’s legal philosophy was marked by restraint and intellectual rigor. He viewed the Constitution as a document meant for the future, emphasizing the need to apply its values over time. Conservatives quickly regretted his appointment when, less than two years into his tenure, he helped reaffirm the core of Roe v. Wade. Over the years, he consistently sided with the court’s liberal bloc on civil rights, affirmative action, and voting issues, fueling the conservative rallying cry “No More Souters” and prompting stricter ideological vetting for future nominees.
Despite his reputation on the left, Souter authored notable First Amendment decisions across the ideological spectrum. In 1995, he wrote a unanimous ruling allowing organizers of Boston’s St. Patrick’s Day parade to exclude an LGBTQ group. A decade later, he led a 5-4 decision finding that Kentucky counties violated the First Amendment by displaying framed Ten Commandments in courthouses and schools, stressing the importance of government neutrality on religion.
Souter resigned in 2009 at age 69, choosing to return to a quiet life in New Hampshire. His retirement gave President Barack Obama his first Supreme Court pick, leading to the nomination of Sonia Sotomayor. Souter spent his later years serving on lower courts and remaining far from Washington’s spotlight, famously opposing cameras in the courtroom, once saying, “Over my dead body.”