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Souter, 70, who stepped down from the high court in 2009, avoided legal jargon and offered what audience members called an accessible explanation of his judicial philosophy.
In his 30-minute speech, the thin, gray-haired man from New Hampshire—who has been associated with the court’s liberal wing—argued that “Constitutional judging is not a mere combination of fair reading and simple facts.?...
Souter offered a rebuttal of what he termed “the fair reading model,” which calls for an analysis of the Constitution that is grounded in the language of the Constitution—at the expense of a more nuanced analysis that considers the contemporary values...
In his criticism of the model, Souter considered two famous decisions handed down by the nation’s most powerful court: the Pentagon Papers case in 1971 and Brown vs. Board of Education in 1954.
While the Court ultimately found that the United States did not have enough evidence to prohibit The New York Times and The Washington Post from printing classified documents about the Vietnam War, Souter said the case demonstrated that the Court does not uphold the absolute inviolability of the First Amendment...