Context:

David H. Souter, appointed to the Supreme Court by President George H.W. Bush, became a pivotal figure in the court's liberal wing, much to the dismay of conservative Republicans who had expected him to uphold conservative values. Known for his shy demeanor and preference for solitude over the Washington social scene, Souter retired at 69, providing President Obama the opportunity to appoint Sonia Sotomayor as his successor. His shift from conservative expectations to a more liberal stance was evident in his support for the landmark decision in Planned Parenthood v. Casey, which reaffirmed the constitutional right to abortion. Despite his low profile and the scarcity of major opinions written by him, his vote was crucial in several closely contested cases, including his dissents in the controversial Bush v. Gore decision. Souter's approach to constitutional interpretation emphasized evolving concepts and adherence to precedent, reflecting a judicial philosophy that valued ordered liberty and social responsibility by the courts.

Dive Deeper:

• David H. Souter, appointed by George H.W. Bush to the Supreme Court, was expected to hold conservative values but gradually aligned with the court's liberal wing, causing disappointment among conservatives. His unexpected shift in judicial philosophy led to the phrase 'no more Souters' among conservative circles.

• Souter was known for his reserved character, preferring reading and contemplation over engaging in Washington's social scene. After his retirement in 2009, he returned to New Hampshire, choosing a quiet life focused on his interests, such as history, and maintained chambers in Concord.

• During his confirmation hearings, Souter's expansive views on constitutional interpretation hinted at his future decisions, such as his significant role in reaffirming Roe v. Wade in the Planned Parenthood v. Casey case, where he emphasized the importance of stare decisis and the social reliance on legal precedents.

• His dissent in the Bush v. Gore case, which effectively decided the 2000 presidential election in favor of George W. Bush, reflected his discomfort with the court's conservative decisions and left him disillusioned with the judicial process, though he remained on the bench until 2009.

• Despite his minimal public engagements and academic contributions, Souter's presence on the court was vital in securing liberal victories in several 5-4 decisions. His retirement allowed President Obama to appoint Sonia Sotomayor, further shaping the court's composition.

• Souter's judicial philosophy was influenced by Justice John Marshall Harlan II, focusing on the Constitution as a charter of evolving liberty, which he believed should address profound social issues when other branches of government fail to do so.

• Throughout his career, Souter maintained a strong sense of privacy and personal modesty, avoiding the trappings of wealth and influence despite being among the wealthiest justices due to successful investments. He left his personal papers to remain sealed for 50 years after his death, underscoring his desire for privacy.