Tag Archives: David Souter

“Deliberately Open-Ended Guarantees”

For those of you in the legal community, this is old news, but deserves second reflection; for the remainder of my admittedly small readership, read this speech by Justice David Souter, given at Harvard, on the difficulty of providing a meaningful resolution to complex constitutional questions. He explains that, at best, we expect the law […]

True Constitutional Decisionmaking & the Myth of “Judicial Activism”

As Barack Obama prepares to name a replacement for David Souter to the Supreme Court, there’s one talking point sure to be on the lips of every conservative commentator: the old theory of the “liberal activist judge.” Don’t be fooled. Because no form of high constitutional interpretation is purely objective, in the sense of wholly […]

A Small Series on Sotomayor: Implied Rights of Action

In the wake of Justice David Souter’s retirement, most pundits view Second Circuit judge Sonia Sotomayor as a likely replacement. Judge Sotomayor has a lot to recommend her: aside from a sterling resume, she would be the first Latina on the Supreme Court, and add another much-needed female voice to the Court’s deliberations. But what […]

Profiles in Maturity: Erick Erickson of RedState

Erickson, founder of the anti-Kos, RedState.com, on Souter’s retirement: The nation loses the only goat f***ing child molester to ever serve on the Supreme Court in David Souter’s retirement. The best part: people like Erickson actually wonder why mainstream America views the far-right as a slightly deranged, dangerous clique.

Bad News, Good News, Neutral News on Justice Souter

Soon – as soon as President Obama can scramble to find a replacement – Supreme Court Justice David Souter will step down. This is disappointing, because Souter is a consistently progressive, consistently principled, and remarkably apolitical voice on the nation’s high court. But it’s not surprising (I told you so!). Souter’s distaste for the job […]