Former Supreme Court Justice David H. Souter, a Republican who became a favorite of liberals during his nearly 20 years on the bench, has died at the age of 85. Souter passed away on Thursday, May 8, 2025, at his home in New Hampshire, as confirmed by the Supreme Court in a statement released the following day.
Appointed to the Supreme Court by Republican President George H.W. Bush in 1990, Souter was initially seen as a conservative choice, but he soon established himself as a reliable vote for the court's liberal wing on issues like abortion rights, church-state relations, and freedom of expression. His tenure on the court was marked by significant rulings, including his dissent in the controversial Bush v. Gore decision in 2000, which effectively decided the presidential election in favor of George W. Bush.
Chief Justice John Roberts praised Souter's service, 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." After retiring from the Supreme Court in June 2009, Souter continued to influence the judiciary by sitting regularly on the 1st U.S. Circuit Court of Appeals for over a decade.
Born on September 17, 1939, in Melrose, Massachusetts, Souter was an only child who graduated from Harvard University in 1961 before studying as a Rhodes Scholar at Magdalen College, Oxford. He earned his law degree from Harvard in 1966 and began his legal career at a private firm in Concord, New Hampshire. Souter's public service began as an assistant attorney general for New Hampshire in 1968, and he later served as the state's attorney general and as a justice on the New Hampshire Supreme Court.
Souter's path to the Supreme Court was swift; he was appointed to the U.S. Court of Appeals for the 1st Circuit in May 1990 and was nominated for the Supreme Court just three months later. The Senate confirmed him as the 105th justice by a vote of 90-9, and he officially joined the high court on October 8, 1990.
Despite initial expectations that he would align with the court's conservative faction, Souter surprised many by siding with the more liberal justices. He co-authored the majority opinion in the landmark 1992 case that reaffirmed the constitutional right to abortion, a decision that was later overturned by a more conservative court. Souter was also part of the dissent in the 2000 Bush v. Gore case, arguing against halting the Florida recount, stating, "There is no justification for denying the state the opportunity to try to count all disputed ballots now."
In his personal life, Souter was known for his ascetic lifestyle, often consuming simple meals like yogurt and an apple at his desk. He was famously private and preferred to avoid the social scene in Washington, D.C. His retreat to New Hampshire was a return to his roots, where he enjoyed hiking and the tranquility of rural life.
Souter's lifestyle choices extended to his technology use; he resisted adopting cell phones and email, opting instead to write opinions by hand with a fountain pen. He was also known for his rigorous work ethic, often spending more than 12 hours a day at the Supreme Court during the court's term.
In retirement, Souter purchased a 3,500-square-foot Cape Cod-style home in Hopkinton, New Hampshire, where he continued to engage with the legal system. He notably participated in a 2019 decision upholding Massachusetts' ban on certain semiautomatic assault weapons and large-capacity magazines. In 2020, he was part of a unanimous ruling that found the Justice Department lacked the authority to condition federal law enforcement grants on state cooperation in deporting undocumented migrants.
Reflecting on his legacy, Souter expressed concern about the future of American democracy, warning that ignorance of government processes could lead to a dangerous concentration of power. He remarked, "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."
Throughout his career, Souter remained a figure of integrity and wisdom, earning the respect of colleagues and the public alike. His unexpected journey from a conservative appointment to a beloved liberal justice serves as a testament to the complexities of the judiciary and the evolving nature of legal interpretation in America.
