Former Supreme Court Justice David Souter has passed away at the age of 85, closing the chapter on a judicial career that defied political prediction and reshaped the ideological balance of the Court in quiet, lasting ways. Nominated by a Republican president, Souter stunned conservatives by siding repeatedly with the Court’s liberal wing — a choice that echoes through today’s bench.
A Surprise from the Granite State
Souter was nominated by President George H.W. Bush in 1990 with the expectation he’d bolster the Court’s conservative bloc. But instead, he became a swing vote, siding with liberal justices on pivotal issues like abortion, civil liberties, and criminal justice.
His decision in Planned Parenthood v. Casey preserved Roe v. Wade at a moment when its repeal seemed likely. In Bush v. Gore, Souter dissented, voicing deep concern over the Court’s role in deciding a presidential election. For many conservatives, he was a cautionary tale — a “stealth nominee” who couldn’t be trusted to vote in line with those who appointed him.
Retired Supreme Court Justice David H. Souter has died at 85. The New Hampshire Republican became a darling of liberals during his nearly 20 years on the bench. https://t.co/HpaOJYCQJV
— The Associated Press (@AP) May 9, 2025
Paving the Way for Sotomayor
Souter’s early retirement in 2009 was itself a political event. He stepped down at 69, an unusually young age for a justice, giving President Barack Obama his first Supreme Court appointment. That vacancy led to the nomination and confirmation of Sonia Sotomayor, the first Hispanic justice in U.S. history.
BREAKING: Retired Associate Justice David Souter died yesterday at his home in New Hampshire. He was 85. Souter served 19 years on the court from 1990 to 2009.
— SCOTUSblog (@SCOTUSblog) May 9, 2025
His departure not only altered the court’s composition, but cemented a modern precedent: retire strategically to allow ideological allies to fill your seat. Souter’s exit handed liberals a critical opportunity to retain influence amid growing conservative momentum.
A Legacy of Modesty and Principle
Unlike many justices who sought the spotlight after retirement, Souter vanished from public life, returning to his quiet New Hampshire roots. But his impact endures. He defended precedent, civil rights, and the constitutional balance of powers — often frustrating the base that had once celebrated his appointment.
His passing is a reminder: the Supreme Court isn’t always predictable, and legacies aren’t written by the presidents who nominate — but by the votes that follow.