We the People The Legacy of Justice Souter
May 15, 2025
Kevin Newsom, a judge on the U.S. Court of Appeals and former clerk for Justice Souter, and Jeannie Suk Gersen, a Harvard Law professor and Souter's former clerk, share insightful memories about the late Justice David Souter. They discuss his unique writing style, intellectual curiosity, and the impact of his decisions on pivotal cases like Planned Parenthood v. Casey. Retired Justice Stephen Breyer adds to the conversation with personal anecdotes, highlighting Souter's humble nature and significant contribution to American constitutional law.
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Stare Decisis and Court Legitimacy
- Souter's work on stare decisis in Casey affirmed upholding precedent unless strongly justified.
- He emphasized the court’s legitimacy depends on respecting precedent, especially for divisive issues like abortion.
Substantive Due Process Methodology
- Souter embraced substantive due process using history and tradition as guideposts.
- He applied an ordered liberty approach, wary of judicial overreach and valuing context and evolution.
Value Intellectual Independence
- Justice Souter respected history and would let the law lead where it may.
- Kevin Newsom advises judges to welcome challenges to their thinking as Souter did.
