David Hackett Souter

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Souter, David Hackett,

1939–, associate justice of the U.S. Supreme Court (1990–2009), b. Melrose, Mass. A graduate of Harvard Law School, he served as New Hampshire's attorney general (1976–78), and on the state's superior court (1978–83) before being named to the New Hampshire Supreme Court (1983–90). After serving only a short time as a judge on the federal First Circuit Court of Appeals (1990), he was named by President George H. W. Bush in July, 1990, to the U.S. Supreme Court, replacing William BrennanBrennan, William Joseph, Jr.,
1906–97, associate justice of the U.S. Supreme Court (1956–90), b. Newark, N.J. After receiving his law degree from Harvard, he practiced law in Newark.
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. Although regarded initially as a conservative, Souter emerged by the mid-1990s as key to a moderate bloc that resisted pressures from the political right to undo Court precedents of the 1960s and 70s.
References in periodicals archive ?
17 Justice Souter wrote a concurring opinion that was joined in its entirety by Justice Breyer.
The majority opinion, written by Justice Souter, discusses at length the consolidated return regulations' single-entity approach to computing certain items such as the net operating loss.
In an opinion by Justice Souter, the Supreme Court adopted the single-entity approach, finding that neither the Government's nor the Fourth Circuit's method for computing a group's PLL "squares with the notion of comparability as applied to consolidated return regulations.
249] The fragmented decision contains a plurality opinion by Justice Souter, a concurrence by Justice Breyer, a separate opinion concurring in the judgment by Justice Scalia, joined by Justices Kennedy and Thomas, and a dissent by Chief Justice Rehnquist joined in part by Justice Ginsburg.
The presence of organized marchers under the gay Irish banner, Justice Souter explained, would "suggest their view that people of their sexual orientations have as much claim to unqualified social acceptance as heterosexuals and indeed as members of parade units organized around other identifying characteristics.
88) Employing classic originalist parlance, Justice Souter thus condemned the elevation of a dusty nineteenth-century opinion with bad history to the status of a constitutional rule as naked judicial activism.
The dissent, written by Justice Souter, with the concurrence of Justices Stevens and Ginsburg, eloquently defended the Court's church-state precedents and church-state separation while showing the serious errors of the Thomas plurality opinion.
140) Justice Souter, for himself and three other Justices, filed a dissenting opinion and argued at great length that the takings liability issue should not have been submitted to the jury.
But many Republicans view Justice Souter on the bench as disappointingly liberal, and wish the president had nominated a more tried-and-true judicial conservative.
In theory, there was agreement between the Court majority and Justice Souter on this point.
In a lengthy and scholarly opinion, Justice Souter seeks to establish the views of the late Justice Harlan as the correct theory of substantive due process, namely whether the law sets up an "arbitrary imposition" or "purposeless restraint.