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Souter, David H. (1939-)

When President George H. W. Bush nominated David H. Souter for a seat on the U.S. Supreme Court, Souter's views on “hot button” issues were so unknown that the media labeled him the “stealth candidate.” Unlike prior nominees such as Robert Bork, Souter had not made public pronouncements or written articles advancing controversial positions. Although he had been a lower court judge for years, Souter's opinions gave few clues as to how he would rule once he was sitting on the bench.

During his tenure on the Supreme Court, Souter has often defied prediction and continued to be a crucial swing vote. In his early days, Souter sided with Chief Justice Rehnquist in over 80% of cases. However, in recent years he has more closely aligned himself with Justices Stephen Breyer and Ruth Bader Ginsburg, voting with them over 60% of the time. On education law issues, Souter's voting record has generally been moderate to liberal, especially on issues concerning separation of church and state.

Early Years

David H. Souter was born on September 17, 1939, in Melrose, Massachusetts. As a child, he frequently visited his grandparents' farm in Weare, New Hampshire, a small town near the state capital at Concord. Souter's parents moved to Weare when he was 11, and he still resides there today when the Court is not in session.

Souter's teachers commented that he was an excellent student at an early age. While many people consider Souter to be quiet and unassuming, at Concord High School his classmates voted him “most sophisticated” as well as “most likely to succeed.” Souter attended Harvard University, where he again excelled in his studies. He was elected to Phi Beta Kappa and graduated magna cum laude.

After graduating from Harvard, Souter won a Rhodes scholarship to attend Magdalen College at Oxford University, where he was awarded bachelor's and master's degrees in jurisprudence. On completing his studies at Oxford, he enrolled in Harvard Law School, where he did well but did not make law review. Much of his time was devoted to tutoring undergraduate students at a freshman dormitory. Souter later related how his experience advising students, although taking time away from his studies, broadened his perspective about the relationship between law and human social problems.

Following his graduation from law school, Souter returned to Concord, where he worked for the prominent local firm he had clerked for during the summer. Apparently, Souter grew restless with private practice and sought a career in public service law. He was first employed as an assistant attorney general in the criminal division of the state attorney general's office. It was there that Souter met future Senator Warren Rudman, who was to become both a close friend and mentor. For five years, he served as Rudman's deputy attorney general. Rudman admired both Souter's character and his legal ability, and upon leaving office, he recommended that Souter be named as his replacement. As New Hampshire's attorney general, Souter opposed the legislature's attempts to legalize casino gambling, prosecuted protesters at the Seabrook nuclear power plant, and defended the state's denial of Jehovah's Witnesses' requests to cover up the state motto-“Live Free or Die”-on their license plates.

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