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...Souter's very lack of a firm ideological profile that appealed to Bush. Three years earlier liberal activist groups had derailed the court nomination of the indisputably conservative Robert Bork. If Souter didn't have a long paper trail of court rulings, law review articles and books, it would be much harder for liberals to stage a replay of the Bork defeat. (Read the TIME 100: The World's Most Influential People...

Author: /time Magazine | Title: Evaluating Souter: A Strange Judicial Trip, Leaning Left | 5/2/2009 | See Source »

...immediate aftermath of his nomination, the search was on for clues to the "real" David Souter. And everyone came up with the same opaque portrait: he was a solitary man, given to serious reading - Shakespeare, Dickens, Proust - and mountain trail hiking. Since the age of 11 he had lived in the same rundown farmhouse near Concord, N.H. Still unmarried at age 50, there was no evidence he was gay - something plenty of people on both sides of the divide investigated as soon as he was nominated...

Author: /time Magazine | Title: Evaluating Souter: A Strange Judicial Trip, Leaning Left | 5/2/2009 | See Source »

...What Souter did have were unquestionable intellectual chops. He majored in philosophy and graduated magna cum laude and Phi Beta Kappa from Harvard. Then came the Rhodes scholarship that took him to Oxford and the Harvard law degree that quickly brought him a job with a New Hampshire law firm. But Souter was restless in private practice. By 1968 he had joined the staff of the state attorney general's office. When Warren Rudman became attorney general two years later he tapped Souter as his chief aide, and when Rudman moved on to the U.S. Senate in 1976 he persuaded...

Author: /time Magazine | Title: Evaluating Souter: A Strange Judicial Trip, Leaning Left | 5/2/2009 | See Source »

...Souter served as attorney general for two years before moving on to the state's highest court, where he would leave behind a record in which liberals and conservatives could both find encouraging signs. He was a strong supporter of environmental and consumer protections. But in criminal cases he tended to favor the prosecution. And in a 1986 dissent he adopted the "strict constructionist" argument that a court's job was to determine how constitutional language was understood by the framers who proposed it. When it came time for Souter's name to go before the U.S. Senate, the first...

Author: /time Magazine | Title: Evaluating Souter: A Strange Judicial Trip, Leaning Left | 5/2/2009 | See Source »

...first year Souter sided with those four on some important criminal justice cases, including one in which he ruled that the introduction at trial of a coerced confession was a "harmless error" that shouldn't automatically result in the overturning of a guilty verdict on appeal. But the next year he outraged anti-abortion forces in a pivotal case, Planned Parenthood v. Casey. Souter joined with Kennedy and O'Connor in a joint opinion that upheld the "essential holding" of Roe v. Wade. Though in the same decision the three justices approved most provisions of the Pennsylvania Abortion Control...

Author: /time Magazine | Title: Evaluating Souter: A Strange Judicial Trip, Leaning Left | 5/2/2009 | See Source »

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