As a new Supreme Court term begins, many are keeping a watchful eye on the impact Justice David Hackett Souter’s retirement will have on the court’s jurisprudence. Souter’s track record while on the court for 19 years in many areas belies his pigeonholing as a “liberal.” In fact, he never agreed squarely with his liberal colleagues on all issues, especially those involving a business enterprise.
During his nomination process in 1990, some voting against Souter, including Sen. John Kerry and the late Sen. Edward Kennedy, tried to paint him as another right-winger like Robert Bork. Both the National Organization of Women and the NAACP also opposed his nomination by President Bush. History proved otherwise in the civil rights and constitutional arena, as is often the case with Supreme Court nominees by conservative presidents. Chief Justice Earl Warren, Justice John Paul Stevens and Justice William J. Brennan Jr., whose seat Souter filled, come to mind.
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