David Hackett Souter ( SOO-tər; September 17, 1939 – May 8, 2025) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1990 to 2009. Appointed by President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter was a member of both the Rehnquist and Roberts courts.
Raised in New England, Souter attended Harvard College; Magdalen College, Oxford; and Harvard Law School. After briefly working in private practice, he moved to public service. He served as a prosecutor in the office of the Attorney General of New Hampshire (1968–1976); as attorney general of New Hampshire (1976–1978); as an associate justice of the New Hampshire Superior Court (1978–1983); as an associate justice of the New Hampshire Supreme Court (1983–1990); and as a judge of the United States Court of Appeals for the First Circuit (1990).
In mid-2009, after Barack Obama took office as U.S. president, Souter announced his retirement from the Court; he was succeeded by Sonia Sotomayor. Souter continued to hear cases by designation at the circuit court level.
Souter was born in Melrose, Massachusetts, on September 17, 1939, the only child of Joseph Alexander Souter and Helen Adams (Hackett) Souter. At age 11, he moved with his family to their farm in Weare, New Hampshire.
Souter graduated second in his class from Concord High School in 1957. He then attended Harvard University, graduating in 1961 with a Bachelor of Arts, magna cum laude, in philosophy and writing a senior thesis on the legal positivism of Supreme Court Justice Oliver Wendell Holmes Jr. While at Harvard, Souter was inducted into Phi Beta Kappa. He was selected as a Rhodes Scholar and earned a Bachelor of Arts degree (later promoted to a Master of Arts degree, as per tradition) in Jurisprudence from Magdalen College, Oxford, in 1963. He graduated in 1966 with a Bachelor of Laws degree from Harvard Law School.
In 1968, after two years as an associate at the law firm of Orr & Reno in Concord, New Hampshire, Souter began his career in public service by accepting a position as an assistant attorney general of New Hampshire. In 1971, Warren Rudman, then the attorney general of New Hampshire, selected Souter as deputy attorney general. Souter succeeded Rudman as New Hampshire attorney general in 1976.
In 1978, Souter was named an associate justice of the New Hampshire Superior Court. With four years of trial court experience, Souter was appointed to the New Hampshire Supreme Court as an associate justice in 1983.
Shortly after George H. W. Bush was sworn in as president, he nominated Souter to a seat on the United States Court of Appeals for the First Circuit. Souter had had seven years of judicial experience at the appellate level, four years at the trial court level, and ten years with the attorney general's office. He was confirmed by unanimous consent of the Senate on April 27, 1990.
U.S. Supreme Court appointment
President George H. W. Bush initially considered nominating Clarence Thomas to Brennan's seat, but he and his advisers decided that Thomas did not yet have enough experience as a judge. Warren Rudman, who had since been elected to the U.S. Senate, and former Governor of New Hampshire John H. Sununu, then Bush's chief of staff, suggested Souter, and were instrumental in his nomination and confirmation. Bush was reportedly "highly impressed by Souter's intellectual seriousness" and Souter's intellect, "particularly impressive in one-on-one meetings", was reported to have been a persuasive factor in his nomination. At the time, few observers outside New Hampshire knew who Souter was, although he had reportedly been on Reagan's short list of nominees for the Supreme Court seat held by Lewis F. Powell Jr. that eventually went to Anthony Kennedy.
Souter was seen as a "stealth justice" whose professional record in the state courts provoked no real controversy and provided a minimal "paper trail" on issues of U.S. Constitutional law. Bush saw the lack of a paper trail as an asset, because the Senate had rejected one of President Reagan's nominees, Robert Bork, partially because of his extensive written opinions on controversial issues. Bush nominated Souter on July 25, 1990, saying that he did not know Souter's stances on abortion, affirmative action, or other issues.
Senate confirmation hearings began on September 13, 1990. The National Organization for Women opposed Souter's nomination and held a rally outside the Senate during the hearings. The president of NOW, Molly Yard, testified that Souter would "end freedom for women in this country." Souter was also opposed by the NAACP, which urged its 500,000 members to write letters to their senators asking them to oppose the nomination. In Souter's opening statement before the Judiciary Committee, he summed up the lessons he had learned as a judge of the New Hampshire courts:
The first lesson, simple as it is, is that whatever court we are in, whatever we are doing, whether we are in a trial court or an appellate court, at the end of our task some human being is going to be affected. Some human life is going to be changed in some way by what we do, whether we do it as trial judges or whether we do it as appellate judges, as far removed from the trial arena as it is possible to be. And so we had better use every power of our minds and our hearts and our beings to get those rulings right.
Some have pointed to Souter's confirmation hearings as showing the first signs of the liberal bent of his legal principles. He surprised many conservatives when, prompted by Senator Chuck Grassley to describe his views on "judicial activism" and "government by the judiciary", he responded, "Courts must accept their own responsibility for making a just society." He added that the court was obligated to respond to pressing social concerns that were addressed by the Constitution but which other branches of government had failed to take up.
Despite organized opposition by numerous civil society groups, Souter won confirmation easily, with all votes in opposition coming from Democrats. His performance at the confirmation hearings ensured his approval by the Senate; Walter Dellinger, a liberal Democrat and an adviser to the Senate Judiciary Committee, called Souter "the most intellectually impressive nominee I've ever seen". The Senate Judiciary Committee reported out the nomination by a vote of 13–1, with Ted Kennedy the lone dissenter. The full Senate confirmed the nomination on October 2, 1990, by a vote of 90–9 (Pete Wilson of California was absent due to campaigning for the state's gubernatorial election, which he won). Souter was sworn into office seven days after his confirmation.
Nine senators voted against Souter: Kennedy and John Kerry of Massachusetts; Bill Bradley and Frank Lautenberg of New Jersey; Brock Adams of Washington; Daniel Akaka of Hawaii; Quentin Burdick of North Dakota; Alan Cranston of California; and Barbara Mikulski of Maryland. They painted Souter as a right-winger in the mold of Robert Bork.
Souter opposed having cameras in the Supreme Court during oral arguments, saying the media would take questions out of context and the proceedings would be politicized.
Souter served as the Court's designated representative to Congress on at least one occasion, testifying before committees about the Court's needs for additional funding to refurbish its building and for other projects.