Higher Court echoes with Souter's legacy sixteen years following his departure

Rewritten Article:

astray conservative for the Supreme Court, David Souter quickly proved himself to be the polar opposite. A firm believer in constitutional protections for privacy, individual equality, and the separation of church and state, Souter's unwavering dedication was evident as early as 1992, when he cast a decisive vote to uphold Roe v. Wade.

An announcement from the Supreme Court on a gloomy Friday confirmed his passing in 2022. Regarded for his integrity and affable yet erudite demeanor, Souter represented an era when Supreme Court justices were not merely puppets of the presidents who appointed them.

On that fateful morning of June 29, 1992, from his towering courtroom bench, Souter read aloud his portion of the Planned Parenthood v. Casey opinion. With his distinctive Yankee twang, he emphasized the court's obligation to uphold precedent and the promise of steadfastness.

But his oft-respected silence on matters of the past lingered when asked about the case some three decades later, as the Supreme Court prepared to hear a new abortion case. Steadfast in his belief that a judge's past decisions should remain silent, he declined to recollect observations of Casey.

Souter, appointee of President George H.W. Bush, aligned with the conservative wing less frequently than anticipated, generating resentment among his political counterparts. Federalist Society leaders and right-wing advocates, disappointed with his record, called for more extensive vetting of potential Republican nominees, leaving behind the infamous mantra, "No more Souters."

Bush, urged by Granite State natives Sen. Warren Rudman and John Sununu, Bush's chief of staff, found Souter to replace retired liberal Justice William Brennan. A seasoned public servant, having served as attorney general and a state supreme court justice in New Hampshire, Souter had a spotty record on federal issues and no national profile. Yet, he stood apart from other justices in his avoidance of the Washington social scene and swift departure to his quiet, book-filled New Hampshire home following the annual court term's close.

President Barack Obama's successor, Sonia Sotomayor, lauded Souter's legacy, remarking on his profound love for books in her tribute. In part, Souter's legacy includes the slowing of the conservative trajectory of the Supreme Court, which many had predicted would accelerate upon his appointment.

In 1992, when he cast his vote to preserve Roe v. Wade, Souter echoed, "While the controversy it has produced is vast, it has proven to be manageable in practice. It has engendered reliance, and countless people have endeavored to structure their lives according to its principles."

Yet, the court's evolution has discarded this view, overturning decisions Souter supported that permitted such racial remedies as campus affirmative action and challenging his unyielding position on the First Amendment. In 2005, Souter's dissenting opinion struck down the display of Ten Commandments in two Kentucky courthouses, arguing, "With the divisiveness of religion in current public life being indispensable, this is no time to deny the wisdom of the Establishment Clause's requirement of neutrality with respect to religious belief, left to the conscience of the individual."

Bus v. Gore, a particularly contentious case in 2000, found Souter dissenting with the liberal minority, arguing that the Florida Supreme Court and ultimately Congress should have resolved the matter, as "The political tension could have eased itself without the court's interference."

Resentment and acrimony swirled around this decision, but Souter was known for maintaining composure. He was remembered for his generous spirit, a trait evident during the funeral tribute for his predecessor, Justice Brennan, in which he fondly recalled their friendship, saying, "While I was with him, he might tell me some things that were arguably true, like his strategies for counting to five. And he might tell me untruths he believed I would find amusing. He'd recall pedestrian opinions I'd issued, claiming them to be not just very good but truly great ones, and then regale me with how they were genuine classics of the judge's art. And I'd listen to him, and I'd start to believe him. I'd think maybe they were pretty good. And when, inevitably, I'd realize that they weren't, I'd still feel wonderful. I always felt wonderful in his presence... That's what makes saying goodbye so hard."

David Souter, appointed by President George H.W. Bush in 1990, demonstrated constancy in his political beliefs, often aligning with the liberal wing of the Supreme Court despite being a conservative, urging policy-and-legislation to uphold constitutional protections and precedent.
Souter's policy-and-legislation contributions transcended beyond abortion cases, such as the display of Ten Commandments in Kentucky courthouses, where he urged justices to maintain the constancy of the Establishment Clause's neutrality.
In the political general news, Souter's passing in 2022 was mourned by fellow justices and political figures, whom he had left a lasting impact on with his dedication to justice and love for books, embodying a period when Supreme Court justices focused on their constitutional duties rather than politics.
Despite the divisive nature of some cases, Souter periodically declined to offer personal insights, maintaining a policy-and-legislation stance that previous decisions should remain silent to avoid politicizing the court.