David Souter, Retired Supreme Court Justice and Symbol of a Bygone Era, Dies at 85

Retired Supreme Court Justice David Souter, whose unexpected shift from conservative appointee to reliable liberal voice marked a turning point in American judicial politics, has died at the age of 85.

Appointed in 1990 by Republican President George H.W. Bush, Souter defied expectations by siding with the court’s liberal wing on major decisions throughout his nearly two decades on the bench. His legacy lives on not only through the cases he helped shape, but in the cautionary tale his career became for future Republican judicial nominations.

Souter’s tenure is widely seen as the reason the GOP became far more rigid in vetting Supreme Court nominees. His liberal rulings, especially in key social cases, gave rise to the phrase "no more Souters"—a rallying cry that reshaped how justices are chosen. That shift has helped solidify the current conservative supermajority, which in 2022 overturned Roe v. Wade.

Though current justices occasionally diverge from partisan expectations—Chief Justice John Roberts, for example—none have mirrored Souter’s ideological journey. In a statement following Souter’s death, Roberts praised his former colleague:

“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... He will be greatly missed.”

Following his retirement in 2009, Souter returned to New Hampshire and continued to serve the judiciary by hearing cases on the First Circuit Court of Appeals.

His retirement, during President Barack Obama’s first term, enabled the appointment of Justice Sonia Sotomayor, reinforcing a now-rare moment of ideological transition. Obama’s other nominee, Justice Elena Kagan, replaced John Paul Stevens—another Republican appointee who ultimately aligned with the liberal bloc.

Today’s court reflects a more hardened partisan divide. It is now rare, if not unthinkable, for a justice to retire under a president from the opposing party, a sharp contrast to Souter’s era.

As ideological battle lines continue to shape judicial appointments, David Souter remains a quiet but profound reminder of a time when unpredictability was still possible on the nation’s highest court.