Remembering Justice David Souter: The Quiet Force of the Supreme Court

David H. Souter, a man of humility, intellect, and quiet strength, passed away Thursday at the age of 85 at his home in New Hampshire. A former U.S. Supreme Court Justice who never quite fit the mold Washington tried to cast him in, Souter leaves behind a legacy that continues to inspire legal minds and everyday Americans alike.

From Yankee Reserve to Unexpected Liberal Ally

Appointed by President George H.W. Bush in 1990, Souter was expected to be a conservative stalwart on the Court. After all, he was a New Hampshire Republican with barely four months of experience on the federal bench. Many on the right saw him as a “stealth nominee,” someone who would tip the scales and potentially dismantle key liberal rulings like Roe v. Wade.

But the joke was on them. Just two years into his tenure, Souter helped author a pivotal 1992 decision that reaffirmed a woman’s constitutional right to abortion. That move cemented his place as a frequent ally of the Court’s liberal wing, particularly on issues like:

• Church-state separation

• Free speech

• Abortion rights

• Federal court access

His 2000 dissent in the controversial Bush v. Gore case — the one that effectively handed the presidency to George W. Bush, the son of the man who had appointed him — was a defining moment. It was also a crystal-clear sign that Souter’s decisions were rooted in principle, not politics.

The Man Behind the Robe

Souter wasn't your typical Washington figure. He was fiercely private, utterly uninterested in the glitz of D.C., and preferred simple pleasures over power dinners.

Here’s what made him stand out:

• He ate yogurt and an apple at his desk for lunch — almost every day.

• He rented a modest apartment close to the Court, avoiding the usual elite neighborhoods.

• He jogged alone near Fort McNair, once even getting mugged while out on a run.

• And when summer arrived, he bolted out of D.C. as fast as his Volkswagen Jetta could carry him — straight back to his family’s weathered farmhouse in Weare, New Hampshire.

Souter often described life on the Supreme Court as an intellectual grind. He jokingly referred to the start of each Court term as undergoing an “intellectual lobotomy,” since his work schedule left little room for reading for pleasure.

Despite the solitary nature of his personal life, he was beloved within the Court. Court staff, fellow justices, and clerks remembered him as kind, witty, and generous with his time. He was a fantastic storyteller who made you feel like the only person in the room — even if you were in the Supreme Court building.

Chief Justice John Roberts summed it up beautifully:

“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.”

Even after retirement, Souter didn't completely walk away from the law. He spent more than a decade hearing cases with the 1st U.S. Circuit Court of Appeals, continuing to shape American jurisprudence quietly from behind the scenes.

A Warning for the Future

In a rare 2012 interview, Souter warned that civic ignorance poses a real threat to American democracy.

“When problems are not addressed, people will not know who is responsible,” he said. “And when the problems get bad enough... someone will come forward and say, ‘Give me total power and I will solve this problem.’ That is how the Roman Republic fell.”

Coming from a man who rarely made public political statements, this was a serious message. Souter was deeply concerned about how disconnected Americans had become from understanding the mechanics of their own government.

A Career That Defied Expectations

Let’s rewind a bit — back to when President Bush chose him. John Sununu, Bush’s chief of staff and also a former governor of New Hampshire, pushed hard for Souter. He even called the nomination a “home run.”

Initially, Souter was perceived as a moderate conservative — not an ideologue, but certainly not expected to swing left. But that’s exactly what happened in key rulings throughout the 1990s and 2000s.

By the time Souter stepped down in 2009 — giving President Barack Obama his first Supreme Court vacancy — he had become a liberal favorite. Obama filled the seat with Sonia Sotomayor, making her the Court’s first Latina justice.

A Justice with a New England Soul

Despite his elite resume — Harvard undergrad, Harvard Law, and a master’s from Oxford as a Rhodes Scholar — Souter always stayed true to his New Hampshire roots.

After retiring, he upgraded to a 3,500-square-foot Cape Cod-style home in Hopkinton, NH, partly out of concern that his Weare home might collapse under the weight of his massive book collection (yes, really!).

He was also an avid hiker, spending large chunks of summer trekking across the rugged trails of the White Mountains. This wasn’t just recreation; it was therapy, solitude, and his idea of heaven.

And in one bizarre post-retirement episode, a group angry about his vote in an eminent domain case tried to use the ruling against him — proposing to take his Weare property to build a “Lost Liberty Hotel.” Fortunately, local residents shut that idea down.

Consistently Independent

While liberal groups came to cheer Souter, he was never anyone’s puppet. He occasionally broke ranks with the left, most notably in 2008 when he sided with Exxon Mobil to reduce damages for victims of the Exxon Valdez oil spill. He simply wasn’t a fan of extreme positions, whether on the right or the left.

As biographer Tinsley Yarbrough once noted,

“Souter didn’t take extreme positions. He was grounded, nuanced, and balanced.”

Before hitting the national spotlight, Souter was New Hampshire’s attorney general, following nearly a decade working in that same office and a short time in private practice. As a state Supreme Court judge, he didn’t often get a chance to weigh in on major constitutional issues — but that changed dramatically in Washington.

The Final Word

David Souter may never have captured headlines like some of his peers, but his legacy is quietly monumental. He was a jurist of conscience, a man of principle who never lost touch with his roots or his sense of duty.

He wasn’t flashy. He wasn’t loud. But he was one of the Court’s most respected minds — a Justice who stood for moderation, fairness, and a deep belief in the Constitution as a living document.

In a time when partisanship too often clouds our institutions, Souter’s life reminds us that wisdom, restraint, and humility still matter — maybe now more than ever.