May 9, 2025
ACS Statement on the Legacy of Former Supreme Court Justice David H. Souter

FOR IMMEDIATE RELEASE
Contact: Nancy Rodriguez, media@acslaw.org
Washington, DC – Former Supreme Court Justice David H. Souter passed away yesterday at the age of 85. Below is a statement from the American Constitution Society:
“Justice Souter’s legacy on the Supreme Court serves as an important reminder that justices are not meant to be partisan. His tenure on the Court is an example of how judges must strive to uphold the Constitution and the rule of law, not the interests of the political party of the president who nominated them or senators who confirmed them. His respect for the importance of precedent balanced with an openness to revisit prior holdings when facts or justice demanded it, represent a path towards a more reliable, trusted Court.
Justice Souter, who was nominated by President George H. W. Bush, forged consensus with justices nominated by both liberal and conservative presidents. Over the course of his years on the Court, Justice Souter demonstrated support for the fundamental constitutional right of a woman to obtain an abortion embodied in Roe v. Wade, dedication to the First Amendment’s separation of church and state, and commitment to protecting the rights of the criminally accused, including joining opinions that found death sentences for juveniles and those with intellectual disabilities violated the constitution. He also showed his commitment to democracy, in his opinion upholding campaign finance laws, dissent to a decision in favor of voter identification laws, and perhaps most notably, his dissent in Bush v. Gore, which ended a recount of votes and Florida resulting in George W. Bush winning the 2000 election.
There has been no time in recent history when these lessons of nonpartisanship, respect for precedent, and the need to place the Constitution and rule of law above partisanship could have carried more weight. As we honor his life and his passing, we hope that judges, and all of us, can take these lessons to heart.”
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AMERICAN CONSTITUTION SOCIETY
The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that redress the founding failures of our Constitution, strengthen our democratic legitimacy, uphold the rule of law, and realize the promise of equality for all, including people of color, women, LGBTQ+ people, people with disabilities, and other historically excluded communities. For more information, visit us at www.acslaw.org.