The U.S. Supreme Court did not publish any opinions last week, but I note with sadness the death of retired Justice David Souter on May 8.
I got to know Justice Souter first during his vetting in 1990. Then and thereafter, he always had a kind word when we met. Once, in his pronounced Yankee accent, he said to me, "We haven't seen much of you lately at the Court." I responded that "it was more of your doing than mine," referencing the "cert. denieds" that were issued in the cases in which I mostly represented respondents, as well as a few petitioners. We had a good laugh at that. Over the course of his tenure, he moved from right-of-center to center-left but always maintained a cordial yet reserved tone and demeanor.
Justice Souter truly hated being in Washington, a distaste that led him to an early retirement (though he did continue to ride the Circuits from time to time). He vastly preferred his rural New Hampshire retreat, a la Thoreau. We mourn his passing.
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