David Souter (1939–2025) likes the facts, and the facts are disgusting for the movement conservatives.
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Supreme Court Judge David Starr.
(Diana Walker/Getty Images)
Former Supreme Court Judge David Starr passed away Friday morning at the age of 85. The Supreme Court did not issue a cause of death and reported that he died “peacefully” at his home in Concord, New Hampshire.
One thing everyone knows about the Star is that he is a “Republican” and was appointed by George H.W. Bush. It's true, but it's worth it, but the real story is deeper and more complicated than that.
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To understand how the Star has come to be considered the “traitor” of the White Wing conservative movement, we need to understand something about the man he was replaced first. He was justice that most people think is what Secretary Earl Warren does. He wrote over 1,200 opinions and was one of the most influential justices to sit in the court.
Brennan suffered a stroke in 1990 and left the court shortly after at the age of 85. The vacancy gave President George H.W. Bush the opportunity to make his first Supreme Court appointment.
Now this sounds strange to those familiar with how Republicans treat the Supreme Court as a lifelong struggle for white cultural patriarchy, but like Democrats today, Republicans once insisted on treating the Supreme Court as a nonpartisan unit of government. When nominated for Starr, Bush said: “You might think the entire nomination has something to do with abortion. It's much broader than that. I have too much respect for the Supreme Court for that.” The quote sounds like it comes from a president of a country that is completely different from the country we live in.
The points are as follows: Bush the Elder never nominated a fierce conservative to replace a liberal superstar like Brennan.
Only moderate centricists, feathery Republicans with no frills go through the confirmation process, and the stars fit the bill. Starr is a longtime state Supreme Court judge in New Hampshire, who had been lifted by Bush months before his first Circuit Court of Appeals seat. He had no functional record of Democrats being able to attack him. The story did not fully package his office in the first circuit, as he had not actively campaigned for the appointment of the Supreme Court.
He also had strong allies in his corner: former New Hampshire governor and chief John Sununu of the Bush White House.
Star sailed the process and was confirmed by Senate 90-9. (California Senator Pete Wilson did not vote, while Massachusetts Senator Ted Kennedy and John Kelly voted against Suter.
Suter was never supposed to be the right ideologue. That distinction goes to Bush's next appointment, Clarence Thomas. Clarence Thomas was considered a nomination after Brennan retired, but wanted to “save” him when Thurgood Marshall retired (because they are both black). Star was always assumed to be moderately conservative.
And he was. Starr became less liberal as he served on the Supreme Court. The Supreme Court Republican became more radical while he served, and the star simply refused to descend into such darkness.
Stars like facts, and facts have no attitude to athletic conservatives. I think Oyez summed up his judicial philosophy very well when he wrote, “Many of Souter's opinions expressed the view that law relies on underlying empirical facts and that those empirical reality should change.” Star defended democracy. In other words, he defended the rights of elected branches of the government (Parliament and President) to do almost anything he wanted with minimal judicial intrusion. He was conservative when it meant something other than the issue of the white wing culture war, spoofing the law.
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The difference between Souter's practical conservatism and right-wing extremism is the 1992 incident, Planned Parenthoodv. It came to my mind in Casey. It has an advantage of 8-1 in the Supreme Court. It was Wade's main challenge to that conservative. But they were wrong. Other Republican justice, like Souter, Sandra Day O'Connor and Anthony Kennedy, joined forces to write a majority opinion in that case, saved Roe. I wrote in detail about the incident and explained that it was the last moment that it gained practicality over ideology among some Republican justice.
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Republicans never overcome the star or his vote in a planned parent-child relationship. By the time George W. Bush was appointed to the presidency by the Supreme Court (by the way, with the help of a star who joined the Republicans in Florida and Gore, he ruled Florida was unconstitutional, but opposed from the Republican majority's opinion that there would be no constitutional recounts.
Republicans argue that they reformed the entire judicial nomination process to avoid alternative choices like Suter. Starr was the reason the Federal Association controlled Republican judges. He will be the last non-ideological choice made by a Republican president. Don't believe it? Here is a list of Supreme Court justices successfully appointed by the Republicans following Star: Clarence Thomas, John Roberts, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Connie Barrett.
All six of these justices Roev at Dobbs v. Jackson Women's Health Agency. I voted to overturn Wade.
He made the Star think about how they nominated Republicans, but he calmed the Democrats into a false sense of security and complacentness about their nomination process and the fight for the court. He made the stars (and mostly O'Connor) think that Republican-appointed justice could control law and practical reality instead of partisan politics. Democrats have never actually got a memo that Republicans changed their entire strategy in the Supreme Court. The same democratically controlled Senate confirmed that the star confirmed Clarence Thomas a year later. For some reason, the Democrats couldn't find a difference.
Souter retired in 2009 at the age of 69. He was still a healthy man and was able to serve for another decade. But he never took him to Washington. He returned to New Hampshire and returned to hearing illness incidents in the first circuit. His retirement gave Barack Obama his first Supreme Court vacancy, and he was filled with Justice Sonia Sotomayor. Sotomayor was actually presented as a star type, medium-centric liberal. She's probably sliding to the left of the court much more than Star has ever done, but ironically, she's probably just as she got there as Starr.
A jurist like David Starr has not recently been appointed to the Supreme Court by either party. A time when the president can choose justice without knowing in advance where he falls into all of the most important issues and incidents. The judges need to prove that they more or less match the agenda of the president who appointed them. Each party has a “litmus test” and failure is not an option.
Most people will say that it's a bad thing, but I don't have that formidable naivete time. The Supreme Court is the most powerful branch of the government, and the only branch that can be functionally rejected by combining the other two. As long as the court has the authority to act like a partisan division of the government, it must be filled with partisans.
Souter is an appointment you make when you think the Supreme Court is beyond politics. But Starr lived long enough to make sure the courts were no longer functioning that way.
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