(WASHINGTON) — Former U.S. Supreme Court Justice David Souter, a lifelong public servant, judicial moderate and advocate for humanities and civics education, has died. He was 85 years old.
Chief Justice John G. Roberts Jr. said of 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.”
Souter was nominated in 1990 by President George H.W. Bush, who praised him as “a remarkable judge of keen intellect and the highest ability.”
In more than 19 years on the bench, he authored notable opinions on abortion, religion and property rights.
His moderate positions surprised and disappointed many Republicans, who had hoped Souter would solidify as conservative the seat vacated by Justice William Brennan, a longtime leader of the court’s liberal wing.
Just five years after his appointment, the conservative Weekly Standard branded Souter a “stealth justice,” excoriating his position as “one of the staunchest liberals on the court.”
For many conservatives, Souter became a symbol of what future Republican presidents should avoid in a nominee.
His most controversial opinion came in 1992, jointly authored by Justices Sandra Day O’Connor and Anthony Kennedy, reaffirming the right to abortion under Roe v. Wade and creating an “undue burden” standard for judging state restrictions on the procedure.
“To overrule under fire, in the absence of the most compelling reason to re-examine a watershed decision, would subvert the Court’s legitimacy beyond any serious question,” the three justices wrote in Planned Parenthood v. Casey.
Souter’s defenders have long denied he was a secret liberal, emphasizing his respect for precedent and the philosophy of “originalism,” which emphasizes the historical meaning behind constitutional clauses and federal laws.
“The original meaning of conservatism was reluctance to embrace radical change,” Ernest Young, a former clerk of Souter’s and Duke law professor, told ABC News in 2009.
Souter, who was Episcopalian, was also known for advocating strict government neutrality in matters of religion and consistently opposing religious displays in public spaces.
During his confirmation hearing, he called it an “appalling fact” that Jewish children felt excluded when Christian prayers were recited in public schools.
In 2005, he authored a 5-4 decision blocking three Kentucky counties from displaying framed copies of the Ten Commandments in courthouses and public schools. He also voted against allowing organized prayers at high school graduation ceremonies and football games.
“He had no predisposed answer. He really relied on an analysis of [historical] materials to decide how he would come out in that case,” Stuart Benjamin, former clerk to Souter and Duke law professor, said in 2009.
Souter was one of four justices who strongly dissented from the 2000 decision in Bush v. Gore, which ended the contested Florida ballot recount and effectively handed the presidency to George W. Bush.
“To recount these manually would be a tall order, but before this Court stayed the effort to do that the courts of Florida were ready to do their best to get that job done,” Souter wrote. “There is no justification for denying the State the opportunity to try to count all disputed ballots now. I respectfully dissent.”
He was reportedly so distraught over the decision he contemplated resigning from the court, sources familiar with his thinking told Jeffrey Toobin, author of “The Nine, Inside the Secret World of the Supreme Court.” Some of the justice’s friends strongly rejected the notion.
In 2005, Souter joined the court’s more liberal members to expand the ability of local governments to seize private land for public use. His vote drew fierce protests and even prompted a ballot measure to seize his 200-year-old New Hampshire farmhouse as payback. It failed.
In testimony during his confirmation hearings, Souter also surprised conservatives with a robust defense of affirmative action.
“There will be a need — and I am afraid for a longer time than we would like to say — a need for affirmative action which seeks out qualified people who have been discouraged by generations of societal discrimination from taking their place in the mainstream of America,” he said at the time.
Souter’s rejection of political ideology has been celebrated among his former clerks and friends.
“He was a classic frugal Yankee Republican,” former Souter clerk and Harvard law professor Rebecca Tushnet told ABC News in 2009.
“The Republican Party now has moved considerably to the right,” University of Pennsylvania law professor Kermit Roosevelt, who clerked for Souter in 1999 and 2000, told ABC News. “He doesn’t look like a modern Republican; he’s not a modern person in a lot of ways.”
Souter rarely spoke publicly about his jurisprudence, but when he did he pointedly rejected what he considered a simplistic approach to constitutional interpretation embraced by some of his Republican-appointed peers.
“Constitutional judging is not a mere combination of fair reading and simple facts,” Souter said in a 2010 commencement address at Harvard University.
“Judges have to choose between the good things that the Constitution approves, and when they do, they have to choose, not on the basis of measurement, but of meaning,” he added, rejecting the strict textualism endorsed by conservative icons Justice Clarence Thomas and the late Justice Antonin Scalia.
Retiring at just 69 years old, the never-married Souter quickly escaped Washington to return to his native New Hampshire and beloved two-centuries-old farmhouse.
To admirers, Souter brought a sense of compassion to the high court.
“He urged all judges to recognize the human aspect of their decisions, and to use all the power of their hearts and minds and beings to get their decisions right,” said Subra Suresh, former president of Carnegie Mellon University, where Souter spoke in October 2014.
Announcing Souter’s retirement in 2009, President Barack Obama hailed the justice as a “fair-minded and independent” judge who combined a “feverish work ethic” with a good sense of humor and integrity.
“He consistently defied labels and rejected absolutes, focusing instead on just one task — reaching a just result in the case that was before him,” said Obama, who later appointed Justice Sonia Sotomayor to fill his seat.
“He really was someone who saw himself as someone working in Washington but not being of Washington,” Meir Feder, one of Souter’s clerks from the 1990 term, told ABC News in 2009.
For years, he had shied from the Washington social scene when the court was not in session, retreating to the White Mountain woods where he loved to hike and read by the fire. Souter famously had no television or access to email.
“Far from being out of touch with the modern world, he has simply refused to surrender to it control over aspects of his own life that give him deep contentment,” said David McKean, former CEO of the John F. Kennedy Presidential Library Foundation, at a joint appearance with the retired justice in 2010.
Born in Massachusetts an only child, Souter spent most of his life in the rural town of Weare, New Hampshire. He enrolled in Harvard University as an undergraduate, studying philosophy, and later attended Oxford University as a Rhodes Scholar.
He returned to Boston to complete his law degree at Harvard, where he graduated in 1966. He quickly climbed the ranks of the legal world, rising to attorney general of New Hampshire and, later, associate judge in the state’s Supreme Court.
When Souter was plucked out of New Hampshire by President George H.W. Bush in 1990, he was little known outside of the state. The U.S. Senate confirmed Souter to the Supreme Court by a vote of 90-9.
“I loved my colleagues. I liked the work that I was doing. There were days when I wished things had turned out differently, but I still loved the court and just about everybody in that building,” Souter said in 2010, during a rare public appearance at the JFK Presidential Library. “But I feel liberated to do things that I couldn’t do on that court.”
For years after leaving the high court bench, Souter continued to be a judge, hearing more than 300 cases by designation for the 1st Circuit U.S. Court of Appeals in Boston and authoring dozens of opinions.
While he stayed largely out of the limelight, Souter spoke passionately about the need to bolster the humanities and civics education across America.
“I don’t believe there is any problem in American politics or American public life which is more significant today that the pervasive civic ignorance of the Constitution of the United States and the structure of government,” Souter said in a speech at the University of New Hampshire Law School in 2012.
“Some of the aspects of current American government that people on both sides find frustrating are in part a function of the inability of people to understand how government can and should function,” he said.
Asked in 2010 to name the most important part of the U.S. Constitution, Souter singled out the equal protection clause of the 14th Amendment.
“Ultimately, it is the golden rule,” he said. “Treat others the way you want to be treated with the corollary that if you don’t, you are not going to be treated that way either.”
ABC News’ Huma Khan contributed to this report.
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