Former Supreme Court Justice David Souter Dies at 85, Leaves Complicated Legacy
Former Supreme Court Justice David Souter, appointed by President George H.W. Bush but later known for aligning with the Court’s liberal wing, passed away peacefully Thursday night at his New Hampshire home, according to a statement from the Court. He was 85.
Souter, who served from 1990 to 2009, was expected by many to be a reliably conservative jurist. Instead, his two-decade tenure was marked by decisions that frequently disappointed constitutional originalists and defenders of limited government.
During his time on the bench, Souter sided with the Court’s most left-leaning members on issues like abortion and immigration. Though appointed by a Republican president, he quickly found common ground with Justices Ruth Bader Ginsburg, Stephen Breyer, and John Paul Stevens.
Souter’s judicial philosophy and ideological drift made him a cautionary tale for conservatives about the risks of nominating “stealth” candidates to the high court without a clear record of constitutional fidelity. His betrayal on key issues underscored the importance of appointing justices with a documented commitment to interpreting the Constitution as written—a lesson not lost on President Donald Trump, whose own appointments have rebalanced the Court.
Despite his liberal jurisprudence, Souter often spoke in retirement about the importance of civic education and the dangers of concentrated power. In a 2012 interview, he said, “What I worry about is that when problems are not addressed, people will not know who is responsible... some one person will come forward and say, ‘Give me total power and I will solve this problem.’ That is how the Roman republic fell.”
Known for his reclusive lifestyle, Souter avoided the spotlight and often expressed disdain for the culture of Washington, D.C. “I wasn’t that kind of person before I moved to Washington, and, at this age, I don’t see any reason to change,” he once told an acquaintance.
A bachelor and an avid hiker, he spent his free time in the solitude of New Hampshire’s White Mountains or at his family farm in Weare, typically traveling in his Volkswagen Jetta and eating modestly—often yogurt and an apple for lunch.
At 69, Souter retired, handing then-President Barack Obama his first Supreme Court nomination—a move that led to the appointment of Justice Sonia Sotomayor. The timing of his departure reflected his hope for a liberal successor.
Chief Justice John Roberts offered condolences, stating, “Justice David Souter served our Court with great distinction for nearly twenty years. He brought uncommon wisdom and kindness to a lifetime of public service.”
One of Souter’s most controversial decisions was his dissent in the landmark Bush v. Gore case, which effectively resolved the 2000 presidential election. Souter argued that the Court’s involvement would harm the public’s trust in the judiciary, writing that it would damage “the nation’s confidence in the judge as an impartial guardian of the rule of law.” According to author Jeffrey Toobin, Souter was so distressed by the ruling that he “wept” when reflecting on its consequences.
Ultimately, Souter remained on the Court through President George W. Bush’s term, reportedly holding out hope that Obama would win the 2008 election so he could retire under a Democratic administration. With Sotomayor’s confirmation, that wish was fulfilled.
While Souter’s passing marks the end of a long life in public service, his legacy remains a controversial chapter in the history of the Supreme Court—especially for conservatives who had hoped for a justice committed to originalism, only to see that opportunity lost.