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Retired Associate Justice of the Supreme Court of the United States David H. Souter died peacefully Thursday at home in New Hampshire at the age of 85.
He was also the former New Hampshire Attorney General, Associate Justice of the New Hampshire Supreme Court and a judge on the U.S. Court of Appeals for the First Circuit.
Known for his private demeanor and his love of New Hampshire he was also known politically for his voting record that became more liberal than many expected.
Souter was on the Supreme Court for 19 years and was nominated by President George H.W. Bush to replace William Brennan Jr. in 1990.
His relationship with former Gov. John Sununu, who at the time was Bush’s chief of staff, and his close friendship with the late U.S. Sen. Warren B. Rudman, were helpful in his nomination.
When he retired, former President Barack Obama replaced him with Sonia Sotomayor.
Born in Melrose, Mass. to Joseph Souter and Helen Adams Hackett Souter, he was an only child. The family moved to Weare and he went to Concord High School graduating in 1957 and on to Harvard and became a Rhodes Scholar attending Oxford.
New Hampshire Supreme Court Chief Justice Gordon J. MacDonald, said: “We mourn the loss of Justice David Souter. The New Hampshire Supreme Court conducts its business in the Souter Conference Room in Concord. There, we are reminded daily of Justice Souter’s deep intellect, his reverence for the law, his love for our state, and perhaps most of all, his humility. Having reached the pinnacle of our profession, Justice Souter always remained grounded in New Hampshire. We will continue to be inspired by David Souter’s remarkable legacy.”
In 2017, Justice Souter appeared as part of the annual King lecture sponsored by the New Hampshire Supreme Court Society on the role of state courts and state constitutions within the framework of our federal constitution. Introducing Justice Souter that day was New Hampshire Associate Justice James P. Bassett who said:
“Justice Souter is known for being humble and understated, but here in New Hampshire, he casts a long and impressive shadow. While on the high court, Justice Souter gained a reputation for meticulous preparation prior to oral arguments, along with polite and persistent questions during oral arguments. Justice Souter has also dedicated his time and energy to speaking out on the importance of the role that civics education plays in maintaining a strong democracy.”
Gov. Kelly Ayotte has directed all flags on public buildings and grounds in the State of New Hampshire to be lowered to half-staff in honor of former United States Supreme Court Associate Justice David Souter, and remain at half-staff until sunset on Wednesday, May 14.
“From his time as a prosecutor and New Hampshire’s Attorney General, to his two decades at the United States Supreme Court, Justice David Souter led an incredible life of service to our state and our nation. I join his loved ones and former colleagues in mourning his loss today,” Ayotte said.
In his Senate confirmation hearing in 1990, Justice Souter shared the following lessons he learned from his time as a judge in New Hampshire:
“The first lesson, simple as it is, is that whatever court we are in, whatever we are doing, whether we are on 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. The second lesson that I learned in that time is that if, indeed, we are going to be trial judges, whose rulings will affect the lives of other people and who are going to change their lives by what we do, we had better use every power of our minds and our hearts and our beings to get those rulings right.”
U.S. Sen. Jeanne Shaheen, D-NH, said: “Today, I join people in New Hampshire and across America in grieving the loss of former U.S. Supreme Court Justice David Souter – a devoted public servant who called the Granite State home and put country above all else. He will be remembered for his deep, unwavering commitment to upholding our Constitution and his dedication to a just society.
“All Granite Staters should feel immensely proud of Justice Souter’s legacy. Today, Billy and I are thinking of Justice Souter’s family, loved ones and all those who had the pleasure of knowing him. May his legacy endure, and may he rest in peace.”
Attorney General John Formella said: “We are deeply saddened by the passing of Justice David Souter. From his service as New Hampshire’s Attorney General to his tenure on the U.S. Supreme Court, Justice Souter’s commitment to justice and the rule of law left an indelible mark. My thoughts are with his family, friends, and all who were touched by his service to New Hampshire and our nation.”
In addition to hearing cases on the First Circuit, Justice Souter participated in civics education curriculum reform efforts in New Hampshire during his retirement.
Chief Justice John G. Roberts, Jr. said of Justice Souter: “Justice David Souter served our Court with great distinction for nearly twenty years. He brought uncommon wisdom and kindness to a lifetime of public service. After retiring to his beloved New Hampshire in 2009, he continued to render significant service to our branch by sitting regularly on the Court of Appeals for the First Circuit for more than a decade. He will be greatly missed.”
Senate President Sharon Carson, R-Londonderry, said: “We mourn the loss of David Souter, a former U.S. Supreme Court Justice and a Granite Stater. David always stood for the rule of law, which led to him becoming New Hampshire’s 20th Attorney General in 1976. He was then appointed to the Supreme Court as an Associate Justice in 1983 by President George H. W. Bush and served for 29 years. After retiring, he loved living in Hopkinton where he could better manage his massive book collection. Our thoughts and prayers go out to the Souter family during this difficult time. He will be missed.”
Donald M. Kreis, New Hampshire’s Consumer Advocate, said he didn’t know Justice Souter personally, “but to me he exemplified what is good and noble about being a lawyer and a jurist.”
“I admired Justice Souter’s writing, which was lucid and precise without being flashy,” Kreis said. “(M)y favorite Justice Souter opinion actually dates from his years on the New Hampshire Supreme Court, before he was famous. In 1988, when PSNH tried to get the Court to award the company’s shareholders an obscenely large 19 percent return on equity, since their investment in Seabrook had become risky to the point of reckless, he rejected that as the ratepayers being forced to provide ‘plenary indemnification’ to shareholders, ‘nothing less than a shifting of the entire risk from the investors to the ratepayers.’ Few jurists really understand utility regulation but David Souter was one who did. I mourn Justice Souter’s passing but at the same time it is such a pleasure to reflect on what a long and distinguished career he had.”
U.S. Rep. Maggie Goodlander, D-NH, said:
“Justice David Souter was and always will be a true American hero.
“He was a humble man with a granite backbone who always put our country and our Constitution first. His commitment to common sense was at the heart of his truly uncommon brilliance. And boy did he love New Hampshire — our history, our poets, our mountains and lakes, and, above all, our people.
“Justice Souter understood that every ruling of the United States Supreme Court would change the lives of real people in some meaningful way. That is why he approached his work with a simple and powerful commitment to, as he once put it, ‘use every power of our minds and our hearts and our beings to get those rulings right.’
“Justice Souter’s memory will forever be a blessing to me as I work every day to bring every power of my mind, heart, and being to do good for our state and our country.”