# Retired SCOTUS Justice David Souter Dead at 85

**URL:** <https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154>\
**Category:** Politics & Elections\
**Created:** [May 9, 2025, 2:21pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154 "2025-05-09T14:21:19Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 2:21pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/1 "2025-05-09T14:21:20Z")

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Here’s a gift link:

[David Souter Dies at 85](https://www.nytimes.com/2025/05/09/us/david-souter-dead.html?unlocked_article_code=1.F08.NJZW.y4X5KFbzW8y1&smid=url-share)

From the article:

> David H. Souter, a New Hampshire Republican who was named to the Supreme Court by President George H.W. Bush and who over 19 years on that bench became a mainstay of the court’s shrinking liberal wing, died on Thursday at his home in Concord, N.H. He was 85.
> 
> His death was announced on Friday morning by the Supreme Court, which did not cite a cause, saying only that he had died “peacefully.”

I’m putting this in P&E because discussion will become political.

ETA: I forgot he retired and is no longer on the bench. Never mind!

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [May 9, 2025, 2:28pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/2 "2025-05-09T14:28:41Z")

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Isn’t he retired?

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [May 9, 2025, 2:29pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/3 "2025-05-09T14:29:10Z")

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I thought he already retired on June 29, 2009?

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [May 9, 2025, 2:29pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/4 "2025-05-09T14:29:46Z")

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He did to the best of my knowledge. He had done the right thing.

Sonia Sotomayor was his appointed replacement.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 2:29pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/5 "2025-05-09T14:29:56Z")

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He did. \< very red face \> It just scared the hell out of me!

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [May 9, 2025, 2:31pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/6 "2025-05-09T14:31:02Z")

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Is it OK to talk about how pissed I am that RBG didn’t retire early in Obama’s 2nd term?

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 2:31pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/7 "2025-05-09T14:31:04Z")

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> [@What\_Exit](#):
>
> Sonia Sotomayor was his appointed replacement.

I wish for her a very long life!!

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [May 9, 2025, 2:31pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/8 "2025-05-09T14:31:20Z")

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Well, I can’t wait for the official White House response.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 2:31pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/9 "2025-05-09T14:31:52Z")

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May as well. This thread isn’t any good for anything else.

Although I believe she had good reasons with what was known at the time for staying on the bench.

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [May 9, 2025, 2:32pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/10 "2025-05-09T14:32:49Z")

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I’m curious, what were the good reasons?

To me it looked like a weird selfish act that countered decades of excellent public service.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 2:40pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/11 "2025-05-09T14:40:41Z")

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She took a gamble and she lost. She was far from assured that her replacement Justice would be someone in her own mold. If you think you’re doing good work and you believe yourself to be healthy enough to carry on, even at an advanced age, it would be very hard to consider giving it up.

I have a vague recollection of some behind-the-scenes shenanigans by Republicans that indicated Obama’s path to a reasonable replacement would be difficult, as well. But it would take more time for me to research that and give you a cited answer.

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [May 9, 2025, 2:44pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/12 "2025-05-09T14:44:41Z")

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As far as the court’s composition goes, it seems like Clarence Thomas might retire soon. He has been on the court the longest and I think is the oldest.

He will be replaced by Federalist Society approved person.

The 3 Liberal leaning justices are:

- Sonia Sotomayor - Nominated by President Barack Obama in 2009. Now 70 and a big Yankees Fan. 🙂
- Elena Kagan - Nominated by President Barack Obama in 2010. Now 65.
- Ketanji Brown Jackson - Nominated by President Joe Biden in 2022. Only 54, she’s younger than me.

Thomas is 76 and Alito is 74. The rest are younger.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 2:47pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/13 "2025-05-09T14:47:52Z")

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I do actually know all this, but it’s important to keep it in front of me, I guess. I can only claim not much sleep last night and a massive brain fart this morning… thank you, all the same! 😃

I am so relieved to learn it’s only my early-morning, sleep-deprived brain failing me than that we would soon have a 7-2 Federalist Society SCOTUS!!

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [May 9, 2025, 2:54pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/14 "2025-05-09T14:54:26Z")

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I didn’t know all that, I decided I wanted a score card. I know we were down to 3 Liberal leaning justices but only really knew 4 of the Justices.

Sonia Sotomayor for positive reasons, Thomas and Alito not so much and Roberts as he is the Chief Justice.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 3:00pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/15 "2025-05-09T15:00:21Z")

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> [@What\_Exit](#):
>
> I didn’t know all that, I decided I wanted a score card.

Ok, I didn’t know Sotomayor was a Yankees fan. 😉

* * *

There was some talk that Thomas and Alito would retire shortly after Trump was elected, but I think both have waited too long to get their revenge on perceived enemies to go that quickly now.

However, if either are going to retire, I expect it will be before the mid-terms. If Democrats do unexpectedly well in the Senate, then their replacements may not be guaranteed Federalist Society hand-picked.

Long shot, I know.

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [May 9, 2025, 3:03pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/16 "2025-05-09T15:03:02Z")

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Here is a thread from when he Justice Souter retired:

> [@Souter to retire- let the speculation begin!](https://boards.straightdope.com/t/souter-to-retire-let-the-speculation-begin/494924):
>
> “WASHINGTON - Supreme Court Justice David Souter plans to retire, sources told NBC News Thursday night.” He’s been on the bench about 19 years now. Who will be nominated to replace him?

> [@Aspenglow](#):
>
> There was some talk that Thomas and Alito would retire shortly after Trump was elected, but I think both have waited too long to get their revenge on perceived enemies to go that quickly now.

I think Thomas might retire soon, he is under more heat than any Justice since that one that resigned in disgrace around 1969. No, I can’t remember his name, I was a little kid, I only know about it at all thanks to John Oliver.

It was [Abe Fortas](https://en.wikipedia.org/wiki/Abe_Fortas) in [1969](https://en.wikipedia.org/wiki/Abe_Fortas#Ethics_scandal_and_resignation).

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 3:05pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/17 "2025-05-09T15:05:17Z")

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Believe me, I feel as stupid as it’s possible to feel over my faux pas! I hope you’re having fun! 😉

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**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\
**Post date:** [May 9, 2025, 3:08pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/18 "2025-05-09T15:08:55Z")

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Oh, I’m sorry. That was a link to honor him, not pointed at you. He did very well by the country and knew the right time to retire.

It is justices like him and Sandra Day O’Connor that kept up my high faith in the independence of the Supreme Court. He was nominated by Bush the Elder and O’Connor by Reagan.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 3:12pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/19 "2025-05-09T15:12:20Z")

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No need to apologize, at all. 🙂 I own my fuck ups!

Souter really was a true Justice. He exercised his impartial judicial knowledge and did not allow politics to sway him. I agree he was worthy of being honored. I do think he suffered for it, though, which is why he was ready to retire at such a comparatively young age.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 9, 2025, 3:30pm UTC](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154/20 "2025-05-09T15:30:18Z")

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Here’s a pretty good summary of what Ginsburg was faced with in making her decision.

[Why Ginsburg Chose to Stay on the SCOTUS](https://qz.com/work/1906067/rbg-never-retired-because-she-knew-the-supreme-court-needed-her)

[Next page](https://boards.straightdope.com/t/retired-scotus-justice-david-souter-dead-at-85/1018154.md?page=2)
