Former Supreme Court Justice David Souter, a Republican appointee who often sided with the court’s liberal bloc, has died at 85, the Supreme Court confirmed. Known as the “stealth nominee,” Souter was appointed by President George H.W. Bush in 1990 to replace liberal icon William Brennan. Advisers had expected him to tilt the court to the right, a prediction that proved far off. Souter, a reserved New Englander who shunned the national spotlight, became known for his thoughtful, measured approach to law and his commitment to judicial restraint. Chief Justice John Roberts praised him for bringing “uncommon wisdom and kindness” to nearly two decades of service.
Conservatives quickly regretted Souter’s appointment. Within two years, he helped reaffirm the core principles of Roe v. Wade, protecting abortion rights, and later sided with the court’s liberal majority on civil rights, affirmative action, and voting cases. Yet Souter also demonstrated nuance, authoring key First Amendment decisions, including a 1995 ruling allowing a Boston parade to exclude an LGBTQ group and a 2005 ruling against the display of Ten Commandments in public buildings. “The divisiveness of religion in current public life is inescapable,” he wrote, emphasizing the government’s duty to remain neutral in matters of belief.
Souter retired in 2009 at 69, seeking a quiet life in New Hampshire, far from Washington politics. Never married and uninterested in the social scene, he continued to serve occasionally on lower courts, preferring handwritten opinions over technology. His retirement opened the door for President Obama to nominate Sonia Sotomayor, now a leading voice of the court’s liberal wing. Souter’s legacy remains that of a principled, reflective justice who valued law over politics and intellect over attention.