Kennedy is distinctive, yes — but it was Souter who was the real outlier, Souter who really prevented the long era of Republican appointees from putting restraints on social liberalism, Souter who made today's judicial battles seem more existential to the right than to the left.
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David Souter, of course, that was the rap against him.
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David Souter retired to a private life in New Hampshire.
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The vote to confirm Judge Souter was 250 to 242.
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David Souter, 79, lives in New Hampshire but rarely speaks publicly.
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Wade's reversal, Souter voted to save it, albeit in diminished form.
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Only Justices Clarence Thomas and David Souter come close, at 77%.
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Retired Justices John Paul Stevens and Justice David Souter were there.
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David Souter appointed by the first President Bush became quite liberal.
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Grossart and Souter did not immediately respond to requests for comment.
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Warren Rudman — assured him that Souter was a reliable, solid conservative.
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In fact, Blackmun and Souter did not work there at all.
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No one is screaming David Souter really loud or anything like that.
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So I asked Justice Souter to tell me some of his remembrances.
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Bush's selection of Souter was meant to fall in the reliable column.
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Other Republican appointees, including Justices Stevens and Souter, drifted left over time.
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Over time, Souter emerged as a reliably liberal vote on the court.
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Souter cautions that the findings may not extend to more complicated pregnancies.
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All of the judges are fully aware of the Souter and Kennedy stories.
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His first nominee was David Souter, who retired from the court in 703.
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Justice David Souter, on the other hand, was Bush's first nominee in 1990.
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Eight of them (all but the retired David H. Souter) are still serving.
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In 2009, Justice Sonia Sotomayor, a liberal, replaced Justice David H. Souter, another liberal.
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Bush would appoint two Supreme Court justices during his administration: Thomas and David Souter.
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David Souter, appointed by a Republican (George H.W. Bush), became a reliably liberal jurist.
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Jeb Bush admitted Souter was a bad choice for conservatives, but he defended Roberts.
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Retired Justice David Souter was also nominated to the court by the elder Bush.
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Poles apart, the Souter and Thomas nominations offered templates for the presidencies that followed.
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Casey, where Justices Kennedy, O'Connor, and Souter justify their refusal to overrule Roe v.
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Rather than helping create a conservative legacy, Souter became a reliable vote for the left.
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Josh was the fifth Souter to attempt the course, but couldn't complete the fourth obstacle.
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Within a few years, Souter had become a reliable vote for the court's liberal wing.
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Clerked for former Supreme Court Justice David H. Souter and served as Alabama solicitor general.
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Talkington's Souter Bax is a multidimensional but minor character who opposes the Alkenny tribe leadership.
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"Reasonable observers have reasonable memories," Justice David H. Souter wrote in a leading religion case.
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CAVUTO: Well, did you go through the questioning process with Souter with the first President Bush?
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They feared Harriet Miers would be another David Souter kind of a indistinct, even liberal justice.
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Predicted to be a conservative justice, Souter instead turned out to be a reliably liberal vote.
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During this time Republican presidents have appointed Justices O'Connor, Souter and Kennedy to the Supreme Court.
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Justice Souter recalled encountering Justice Stevens, then age 98, just returning from 9 holes of golf.
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Two other Republican appointees, Justices Anthony Kennedy and David Souter, had also voted to uphold Roe.
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He was a clerk to U.S. Supreme Court Justices Ruth Bader Ginsburg and David H. Souter.
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Souter, a patrician New Englander like Bush, was not a member of the conservative legal movement.
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Souter had offered to help Ginsburg's cancer recovery any way he could, so she called him.
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During this time, Republican presidents have appointed Justices O'Connor, Souter, and Kennedy to the Supreme Court.
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Mr. Bush's other appointment, David Souter, was not yet seen as the liberal he would become.
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Second, the kind of arbitrary process Souter had in mind is one that is without reason.
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There were some questions the researchers couldn't answer because there were not enough data, Souter said.
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President George H.W. Bush picked one solid conservative (Clarence Thomas) and one (David Souter) who was not.
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The 1990 Supreme Court appointment of David Souter is remembered by conservatives as a massive missed opportunity.
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They could even be appointed this same year, if a vacancy opens up, just as Souter was.
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Ashley Kavanaugh attended the ceremony, and retired Justice David Souter is expected to attend Tuesday's private burial.
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Souter was not part of the movement, but the White House assured conservatives he sympathized with it.
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In three of them, the nomination process was completed before the election ( David Souter , Antonin Scalia , Arthur Goldberg ).
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Kennedy, Justice David Souter and – to a lesser extent – Chief Justice John Roberts are the most recent examples.
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But that is a high-risk approach, as President George H.W. Bush's choice of Justice David Souter demonstrated.
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Thomas arrived at the court with more fanfare but not much more of a paper trail than Souter.
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This plan would incorporate "justices who think for themselves … like Justice Kennedy or Justice [David] Souter," he said.
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Having one American Ninja Warrior contestant in the family is impressive enough — but the Souter siblings have six!
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Breaking the pattern, Justice David Souter left the bench in 2009 at the relatively youthful age of 69.
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Roberts wasn't a member, but conservatives knew him well enough to not fear that he was a Souter.
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Justice Sandra Day O'Connor left not long after, followed by Justices David H. Souter and John Paul Stevens.
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Businessman Brian Souter, the tycoon behind the Stagecoach transport empire, contributed a reported $1.4 million to the cause.
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In a big decision, Scalia and four other justices (Stevens, Souter, Thomas, and Ginsburg) agreed with Apprendi's lawyers.
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In three of them, the nomination process was completed before the election (David Souter, Antonin Scalia, Arthur Goldberg).
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The last time it happened was in 1990, she said, when Justice David H. Souter joined the court.
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Garland was also one of nine finalists to replace David Souter in 2009, when Sonia Sotomayor was nominated.
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But Ginsburg was only 75, Kennedy and Scalia only 72, Breyer only 70, and David Souter only 69.
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Remember, President George H.W. Bush broke his "no new taxes" pledge and put David Souter on the Supreme Court.
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As we now know, Souter was neither the conservative the right desired nor the final vote to overturn Roe.
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Perhaps more importantly for conservatives, Kavanaugh also has a legal record that can be scrutinized, whereas Souter did not.
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Souter, while at Harvard Law, engaged in a mock sword duel and ended up having to seek medical care.
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Now is not the time for stealth candidates; stealth candidates brought conservatives Kennedy, Sandra Day O'Connor, and David Souter.
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Appointed by President George Bush, Justice Souter only briefly held the center spot and soon drifted to the left.
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Wade, saying that many previous Republican appointees — Sandra Day O'Connor, David Souter, and Anthony Kennedy — declined to do so.
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Justice Kennedy joined with Justices O'Connor and David Souter to preserve it in 1992 in Planned Parenthood v. Casey.
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Scroll through your inbox and discover just how many hilarious David Souter Tumblrs and Michael Mukasey memes you'll find.
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Souter, who like Sununu was from New Hampshire, ended up with one of the most liberal records in recent decades.
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Souter was a little-known judge from New Hampshire, but the White House team assured Republicans he was a conservative.
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It's also worth noting that Marilee Talkington, who plays another member of the Alkenny tribe named Souter Bax, is blind.
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David Souter was on the First Circuit for a whopping two months before George H.W. Bush nominated him for SCOTUS.
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Execution is supposed to be a punishment for the "worst of the worst," Justice David Souter wrote a decade ago.
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In 1992 Kennedy joined his colleagues Sandra Day O'Connor and David Souter to fashion a compromise modification of Roe v.
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Justice David H. Souter, who avoided the Washington social scene before his retirement in 2009, accompanied her to the opera.
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Brian Souter, Stagecoach's chairman, campaigned in 2000 against teaching about homosexuality in schools, and has spoken against same-sex marriage.
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The lower court, Justice Souter wrote, had relied on a "conscientious and exhaustive historical analysis," in coming to its ruling.
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Wade than Protestants, especially since former Justice David Souter, a Republican-selected Episcopalian, is a byword for betrayal in Republican circles.
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The big fear is someone will be put on the court and then they will become a Kennedy or a Souter.
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Casey, a 1992 case, Souter joined an opinion that surprised and delighted liberals by maintaining the central holdings of Roe v.
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For example, President George H.W. Bush's selection of liberal David Souter was one of the most consequential errors of his presidency.
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"My dear colleague David Souter," Ginsburg said, with a hint of distaste, ate one thing for lunch most days: plain yogurt.
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Or another time when John and Justice Souter pulled into the Court's garage at the same time, around 9:00 a.m.
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His father, former President George H.W. Bush nominated David Souter, who was considered increasingly liberal during his years on the court.
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Sandra Day O'Connor, David Souter, and Anthony Kennedy can no longer disappoint the Republicans who helped place them on the bench.
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If Bush had nominated a more reliable conservative than Souter, it would have perished no matter what O'Connor or Kennedy did.
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In recent years, Justices Harry Blackmun, John Paul Stevens and David Souter, all Republican appointees, moved consistently left with advancing age.
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Casey in 1992, when he joined Justices Sandra Day O'Connor and David H. Souter to save the core of Roe v.
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John Paul Stevens, David Souter and Anthony Kennedy, all justices nominated by Republican presidents, took the "liberal" side in important cases.
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Minnesota law prof Kitrosser said it's possible that the Souter loophole for academics could apply as well to federal government researchers.
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Avoiding another Souter On the current bench, the longest serving justice is Anthony Kennedy, whom Reagan appointed at age 258 in 242.
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Anthony Kennedy (appointed by Ronald Reagan) and David Souter (George H.W. Bush) are only modestly different from what they appeared to be.
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Their scores show that Harry Blackmun, John Paul Stevens and David Souter all began as conservatives but quickly lurched to the left.
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Justice Stevens had great affection for Justice Souter, who often dined with John and Maryan, enjoying Maryan's skill in the culinary arts.
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Justice Souter spoke less about Justice Stevens' pathmarking or prescient opinions, more about what fun it was to be in his company.
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Justice David Souter, Scalia's longtime colleague on the court, had just announced his retirement, creating a vacancy for President Obama to fill.
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Would Gorsuch turn out to be a David Souter, a justice nominated by a Republican president who became a consistent liberal vote?
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Sonia Sotomayor was expected to swiftly replace retiring Supreme Court Justice David Souter when Obama put her name forward for the seat.
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Casey, he joined Justices Sandra Day O'Connor and David H. Souter in a joint opinion that reaffirmed the core of Roe v.
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The justice he cites the most to convey this conservative judicial philosophy is David Souter — a man despised by the Republican right.
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Casey in 1992, when he joined Justices Sandra Day O'Connor and David H. Souter to save the core of Roe v. Wade.
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It was an issue with Sandra O&aposConnor, David Souter, Anthony Kennedy, all of whom people would set would overturn Roe v. Wade.
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Conservatives, most prominently those associated with the influential Federalist Society, vowed after Souter to never let a Supreme Court nominee go to waste.
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Souter famously disliked Washington, but his retirement also opened up the door for President Barack Obama to name a liberal to the court.
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Jeb Bush, on CNN, washed his hands of his father's choice of Justice Souter, saying it turned out to be an "unfortunate" pick.
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It was almost otherwise—Justice Anthony Kennedy changed his mind at the last minute, persuaded by Justices Sandra Day O'Connor and David Souter.
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Even pro-choice Justices Anthony Kennedy and David Souter were said by Democrats to be a danger to women at their confirmation hearings.
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But Bush inadvertently placed that goal out of reach for a generation by choosing Souter, who turned out to be a liberal justice.
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Writing for the court, Justice David H. Souter said the song's commercial nature was not enough by itself to render the imitation unfair.
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Bush then went to Souter in large measure because two New Hampshirites in his inner circle — Chief of Staff John Sununu and Sen.
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Justice Sonia Sotomayor's replacement of Justice David H. Souter and Justice Elena Kagan's replacement of Justice John Paul Stevens substituted liberals for liberals.
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A graduate of Harvard and Yale Law School and a Rhodes Scholar, he clerked for Justice David H. Souter of the Supreme Court.
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The strangeness of the Souter appointment has been magnified by the pitch of the judicial politics since, but it was strange even then.
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Justices John Paul Stevens and David H. Souter, who retired during the Obama years, were both named to the court by Republican presidents.
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Justice Souter, I actually happened to have known, because he had been attorney general of New Hampshire when I was attorney general of Connecticut.
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Conservatives believe that George H.W. Bush missed an opportunity to shape the court when he named a relative unknown -- David Souter -- to the bench.
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But remember that the same crowd, NARAL, NOW, People for the America Way, they said Justice Souter was going to overturn Roe v Wade.
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Judges have to navigate between those "twin risks," Justice Souter said, using the map the Supreme Court provided in 21908's Presbyterian Church v.
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Souter sibling number 7, Kaden, is too young to compete, but hits the gym for gravity-defying workouts with the rest of the group.
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"The Souter 7 are seven siblings, and we push ourselves to the extreme," Josh, 37, the oldest of the group, said during the episode.
|
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Thomas was no Souter; by any measurement, he ranks among the most conservative jurists to serve on the Supreme Court in a quarter-century.
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"We knew this was something that consumers would want," said Phil Souter, associate director of Procter & Gamble's research and development unit in Newcastle, England.
|
|
The list of victims rolls off the tongues of conservative critics: Harry Blackmun, John Paul Stevens, and David Souter are among the most prominent.
|
|
Rudman and Sununu were quite right: Souter was confirmed 90 votes to 9, with only liberal activists and Ted Kennedy offering any substantial opposition.
|
|
In a separate statement, Stagecoach said it has appointed Ray O'Toole to succeed Sir Brian Souter as chairman from the beginning of next year.
|
|
This was a time when many Republican appointees — like Sandra Day O'Connor, Harry Blackmun, John Paul Stevens and David Souter — frequently cast liberal votes.
|
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Such was the case with David Souter, former justice, who despite being nominated by a conservative president, George H.W. Bush, proved to be anything but.
|
|
Antonin Scalia, Anthony Kennedy, David Souter, Ruth Bader Ginsburg, Stephen Breyer, and John Roberts all got 252 votes or more in favor of their confirmations.
|
|
Just before he retired, Souter told an audience that each fall he underwent an annual "intellectual lobotomy" when he had to return to the bench.
|
|
But wary conservatives have been burned too many times by the likes of Justices David Souter and Anthony Kennedy, or even Chief Justice John Roberts.
|
|
But after 40 years of Republican presidents nominating liberal justices (Earl Warren, William Brennan, Henry Blackmun and John Paul Stevens), Souter was the last straw.
|
|
We conservatives have grown leery of watching judges like David Souter, a George H.W. Bush nominee, "evolve" into liberals once they're on the high court.
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As recently as 2009, two Republican appointees to the court, Justices John Paul Stevens and David H. Souter, were members of the court's liberal wing.
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While both of the justices he replaced were Republican nominees, John Paul Stevens and David Souter were both stalwart liberal votes by the time they retired.
|
|
He crafted an unusual plurality decision with justices Sandra Day O'Connor and David Souter that jettisoned Roe's trimester framework for evaluating when states can restrict abortion.
|
|
Those figures don't mean Kavanaugh will become the next David Souter, a George H.W. Bush nominee who became a reliable member of the court's liberal wing.
|
|
In the Casey decision, he joined Justices Sandra Day O'Connor and David H. Souter in a joint opinion that reaffirmed the core of Roe v. Wade.
|
|
Retired Justice David Souter, who served from 1990-2009, remarked that it took him nearly five years to feel confident and comfortable at the high court.
|
|
An exception was the 153 selection of David Souter, then 215, whom President George H.W. Bush's chief of staff John Sununu declared a "home run" for conservatives.
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|
The first, embodied by David Souter, whom George H.W. Bush appointed, is the nominee with a thin record on constitutional issues who turns liberal on the bench.
|
|
O'Connor insisted she didn't want a party, so Justice David Souter came up with the idea of having her pick any movie she would like to see.
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|
And the joint opinion by Justice Kennedy, Justice O'Connor, and Justice Souter at great length went through those factors, that was the question presented in the case.
|
|
Justice David H. Souter, the retired associate justice of the Supreme Court, wrote the opinion for the First Circuit Court of Appeals in Boston issued on Wednesday.
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Republicans still can't forgive President Reagan for appointing two moderates, Justices O'Connor and Kennedy, and President George H. W. Bush for appointing Justice Souter, who veered left.
|
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They use the Souter example and others, even Anthony Kennedy, who surprised people with how he could go from conservative to a swing vote, albeit an important vote.
|
|
Over the course of the next few years, Souter evolved into a reliable liberal, forming a bloc with Stevens and Clinton appointees Ruth Bader Ginsburg and Stephen Breyer.
|
|
The days when Republican presidents nominated liberals like John Paul Stevens, David Souter, Harry Blackmun and William Brennan, or Democrats appointed conservatives like Byron White, are long gone.
|
|
Similarly, the court's invalidation of a tough Texas abortion regulation relied on and reinforced a milestone decision O'Connor wrote in 1992 with Justices Anthony Kennedy and David Souter.
|
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Eight years ago on May 1, Supreme Court Justice David Souter sent a letter to President Barack Obama declaring he would retire when the session ended in June.
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Kennedy, joined by Justice Sandra Day O'Connor and Justice David Souter, both since retired, were in the process of writing an opinion to uphold the core of Roe.
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This is because as a member of the New Hampshire Supreme Court, Souter had little opportunity to dive into the most talked-about constitutional debates of the day.
|
|
When William Brennan, a liberal icon and one of the Warren Court's last survivors, stepped down in 1990, Bush nominated the mild-mannered David Souter to replace him.
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Another lesson: Nominees must have enough of a paper trail to ensure they aren't another Souter, but not so much of a trail that they become another Bork.
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The Chief was joined on stage by Justices Anthony Kennedy ('61), Stephen Breyer ('64), Elena Kagan ('86), Neil Gorsuch ('91) as well as retired Justice David Souter ('66).
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To put it in perspective, former Justice David Souter was appointed by George H.W. Bush, but quickly established himself as a member of the liberal bloc of the court.
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"[Justice David] Souter did not want to acknowledge that the only choice in Casey was to make an up-or-down judgment on Roe," he wrote in The Nine.
|
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"I can tell you the day you see a camera come into our courtroom, it's going to roll over my dead body," retired Justice David Souter said in 1996.
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Somehow, though, due to changes in personnel and the leftward shift of Justice David Souter, Kennedy often found himself alone in the nominal center of a court lurching rightward.
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" She described her effort to persuade Souter to join her at the Kennedy Center as "a tremendous feat" and noted that "he never came back of his own accord.
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Justice Souter was appointed by a Republican president, and was expected to serve as a conservative voice on the court, but he later regularly sided with the liberal wing.
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It took Obama 26 days to nominate Sonia Sotomayor after David Souter announced his retirement, and 30 days to nominate Elena Kagan after John Paul Stevens said he was retiring.
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|
Through the years, the Federalist Society and its allies have been bitterly disappointed by Justices Harry Blackmun, Lewis Powell, John Paul Stevens, Sandra Day O'Connor, David Souter and Kennedy himself.
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Weisman (1992), Justice David Souter carefully demonstrated that the First Amendment's history shows the Founders "extended their prohibition" to include government action that endorsed or promoted religion, not just coercion.
|
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Three Republican appointees—Sandra Day O'Connor, Anthony Kennedy, and David Souter—jointly wrote the majority opinion laying out the undue-burden standard to determine when abortion restrictions went too far.
|
|
Many analysts found this argument far-fetched: If conservatives thought Kavanaugh was another O'Connor or Souter, zero chance he'd have been on Trump's short-list given who helped write it.
|
|
After initially voting in conference to overrule Roe, Justice Anthony Kennedy ended up collaborating with fellow Republican nominees Sandra Day O'Connor and David Souter to craft a compromise upholding Roe.
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On Monday afternoon, having interviewed Mr. Souter and another potential nominee, Judge Edith Jones of the United States Court of Appeals for the Fifth Circuit, President Bush announced his choice.
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But if agency and contingency have a role in history, there is a crucial turning point that deserves to be remembered: the strange nomination and career of David Hackett Souter.
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David Souter never really embraced his public role on the court and happily left at age 69, as soon as a president (Obama) whose ideology he approved of was elected.
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On the other hand, as retired U.S. Supreme Court Justice David Souter pointed out Wednesday in his opinion for the 21903st U.S. Circuit Court of Appeals in Congregation Jeshuat Israel v.
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The two nominees after Robert H. Bork were Anthony M. Kennedy and David H. Souter, not Ruth Bader Ginsburg and Stephen G. Breyer, who were nominated later by President Bill Clinton.
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The rise of the Federalist Society, which was founded in 1982 and became steadily more influential over time, was in large measure to ensure that another accident like Souter didn't happen.
|
|
Conservatives wary of GOP-nominated Supreme Court justices who have drifted leftward, including retired Justice David Souter and current Justice Anthony Kennedy, want Trump to tap a staunch and trusty constitutionalist.
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But a liberal can be glad that Bush nominated Souter, glad that he effectively betrayed the party that put him on the court, and still recognize the peculiar impact of that nomination.
|
|
Mr. Ferguson said that the state solicitor general, Noah Purcell, a former Supreme Court clerk for David H. Souter, had suggested last weekend that the state enlist major private companies as allies.
|
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"That was one of 2,000 questions that Justice Scalia refused to answer," the senator explained, his annoyance still simmering, as he ushered Judge Souter into his inner office for a private meeting.
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But because they replaced two retiring liberals, Justices David H. Souter and John Paul Stevens, their appointments merely cemented those seats for years to come rather than shifting the balance of the court.
|
|
Souter was the first person described as a "stealth nominee," said Willy Jay, a partner at the law firm Goodwin Procter and a former clerk for Justice Antonin Scalia, who died in 2016.
|
|
Now, some conservatives are expressing concern that Third Circuit Court of Appeals Judge Thomas Hardiman, widely believed to be one of Trump's likely picks for the Supreme Court seat, could be Souter 2.0.
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|
For many, many years, conservatives have been stewing over the appointment of David Souter by President George H. W. Bush who turned out to be pretty much of a liberal on the court.
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Now, some conservatives are expressing concern that Third Circuit Court of Appeals Judge Thomas Hardiman, widely believed to be one of Trump's likely picks for the Supreme Court seat, could be Souter 33.
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It was reported in the news media then, and is recorded in "Mosman: A History" by Gavin Souter, that Mr. McCartney rented the resort-style home from Mr. Rose for $25,000 a week.
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They followed such as strategy to great success with Justices Kennedy and David Souter, who were thought to be conservatives by Presidents Reagan and Bush, but who eventually came to uphold Roe v.
|
|
Republicans still rue the day that President George H.W. Bush appointed David Souter to the Supreme Court, given Souter's tendency to vote with liberal members of the court before he retired in 2009.
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|
Of the 2628 justices Republican presidents have named since World War II, five — Earl Warren, William Brennan, Harry Blackmun, John Paul Stevens and David Souter — inevitably anchored the "liberal wing" of the court.
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Yes, justices sometimes disappointed the presidents who appointed them — like Earl Warren, selected by Dwight D. Eisenhower to be chief in 1953, and David H. Souter, picked by George H.W. Bush in 1990.
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In their opinions concurring in the judgment in the Nixon case, Justices Byron White, Harry Blackmun, and David Souter wrote separately to voice their concern about foreclosing the impeachment process from judicial review.
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And I suspect I'll end up liking him even if he does a full Souter — as we conservatives call justices who do ideological head-fakes — just because Gorsuch is an avid fly fisherman.
|
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IN 2012 David Souter, a retired justice of the Supreme Court, argued that the greatest threat to American democracy was neither a foreign invasion nor a military coup, but ignorance about how government functions.
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In his statement, Buttigieg says that this proposal may mean centrists "who are more like [Obama Supreme Court nominee Merrick] Garland and Souter" could wind up holding the balance of power on the Court.
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Although Justice Souter himself was a famously modest individual, the aesthetic of this political stance is often high-bourgeois, almost a middle-class idea of the kind of aristocracy a constitutional democracy could sustain.
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His temperament was more of the old school, the gentleman judge; and in that fashion, he was closer to the style of the chief justice (and before him, Justices Souter and Stevens and Brennan).
|
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George H.W. Bush nominated David Souter, and George W. Bush's selection of John Roberts, seemingly impeccable at the time, has disappointed many conservatives in light of cases like National Federation of Independent Business v.
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In their plurality opinion, O'Connor and Justices David Souter and Anthony Kennedy also made reference to arguments that conservatives would later use to restrict abortion rights, like the possibility that women might regret abortions.
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In 2000, the co-founder and chair of the Scottish transportation company, Sir Brian Souter, gave £1 million (~$1,652,881 after inflation) to a campaign to keep the anti-gay section 28 in Scottish law.
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The unofficial Republican motto on Supreme Court nominees since 1990 has been "no more Souters" – a reference to now-retired Justice David H. Souter, who was nominated by President George H.W. Bush in that year.
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Conservatives have been wary of US Supreme Court nominees who are unknowns, hoping to avoid another Justice David Souter, the so-called "stealth" George H.W. Bush appointee who turned out to be a liberal champion.
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The five most recent justices to leave the court have served an average of 27.5 years, and that includes an outlier, David Souter, who retired after a modest 18-year tenure in 2009, aged 69.
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" The author and right-wing provocateur Ann Coulter brought up some of Erickson's own crass utterances, like his characterization of the former Supreme Court justice David Souter in 2009 as a "goat-[expletive] child molester.
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David Souter noted that an entirely arbitrary process by the Senate would raise constitutional concerns and be subject to judicial review if, for instance, the Senate decided whether to convict based on a coin toss.
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Jeb Bush on Sunday declined to extend his defense to former Justice David Souter, who was appointed by his father, former President George H.W. Bush, but consistently voted with the liberal wing of the court.
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MACCALLUM: But you look at Judge Souter, Judge Kennedy, going back -- you know, Earl Warren, is also on that list of people who ended up being very different judges than the Republican presidents who pick them.
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Other justices confirmed during midterm election years include: Stephen Breyer (1994); David Souter (1990); Antonin Scalia (1986); William Rehnquist (as chief justice, 1986); Harry Blackmun (1970); Arthur Goldberg (1962); Byron White (1962); and Potter Stewart (1958).
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Indeed, the fact that Don McGahn, who would later serve as White House counsel, put out a list during the Trump campaign of possible Supreme Court nominees was likely a delayed reaction to the Souter nomination.
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Justice David H. Souter, who in 248 became President Bush's first Supreme Court appointee, has received much less attention in recent days, perhaps because he retired nine years ago and has avoided the spotlight ever since.
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Casey, he joined Justices Sandra Day O'Connor and David H. Souter in a joint opinion that upheld Roe, saying that states could not enact laws that placed an "undue burden" on women's access to an abortion.
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If only one or two justices had been different — a Robert Bork rather than an Anthony Kennedy, an "anybody else" rather than a David Souter — then, it is imagined, we would inhabit a different constitutional universe.
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Three sitting justices were confirmed in midterm election years: Elena Kagan (August 2010), Samuel A. Alito Jr. (January 2006) and Stephen G. Breyer (August 1994) -- as were retired Justice David Souter (October 1990) and Scalia (September 1986).
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She, along with Justices Anthony Kennedy and David Souter, reaffirmed a woman's right to an abortion in a pivotal 1992 5-4 decision — after having written what many thought of as a roadmap for overturning Roe v.
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The Anti-Commandeering Doctrine arose out of the Court's 6-3 decision in New York v United States (1992), a decision joined by every member of the Court's conservative bloc plus the moderate liberal Justice David Souter.
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Even on women's rights, he can take credit for the nomination of David Souter to the Supreme Court and for signing the Clery Act, which requires colleges and universities to track and disclose sexual assaults on campus.
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Casey (24) Upheld right to abortion, with restrictions In a rare triple-byline, Kennedy co-authored with Justices Sandra Day O'Connor and David Souter an opinion reaffirming the right to abortion as guaranteed by Roe v. Wade.
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Bush filled a pair of vacancies on the Supreme Court during his single term in office: first by nominating David Souter to replace William Brennan in 1990, then picking Clarence Thomas to replace Thurgood Marshall in 1991.
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Though the Sosa opinion, written by then-Justice David Souter, agreed that Congress intended the ATS to grant jurisdiction for "a relatively modest set of actions," the court cited two modern examples of ATS cases: Filartiga v.
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The top priority for conservatives, Mr. Malcolm said, is to avoid another disappointment like Justice David H. Souter, who was appointed by President George Bush in 1990 but whose voting record turned out to be decidedly liberal.
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Concurring in the Nixon court's judgment, Justice David Souter nonetheless suggested that an entirely arbitrary process by the Senate would raise constitutional concerns—if, for example, the Senate decided whether to convict based upon a coin toss.
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Had Souter simply voted like a typical Republican appointee — not in lock step with Antonin Scalia, but as an institutionalist, incrementalist conservative, in line with the current chief justice, John Roberts — then it's likely that Roe v.
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"I'm not sure there are any important cases that have been decided since Sotomayor and Kagan joined the court that wouldn't have turned out the same way had Souter and Stevens stayed on the court," Professor Stone said.
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While they have had some success in getting like-minded conservatives on the bench, they have also felt betrayed by justices like Harry Blackmun, David Souter, Anthony Kennedy, and even John Roberts who, in cases like Roe v.
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The Souter fear was crucial in sparking a backlash to Harriet Miers, George W. Bush's 2005 nominee to replace Sandra Day O'Connor, who wound up having to withdraw after conservatives judged her too wishy-washy to be trusted.
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The official confirms that former Supreme Court Justice Antonin Scalia law clerk Amy Coney Barrett will be nominated to the 7th Circuit and former Justice David Souter law clerk Kevin Newsom will be nominated to the 11th Circuit.
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Her reference was to a Supreme Court ruling in 2005, in which Justice David Souter wrote that two Kentucky counties could not hide the unconstitutional religious purpose of their Ten Commandments courthouse displays by later adding additional documents.
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It was an ugly fight, with homophobic slogans splashed across front pages and billboards as parts of the national press teamed up with the Roman Catholic church and Brian Souter, a wealthy Scottish businessman, to fight the repeal.
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Casey, three justices appointed by Republican presidents — Kennedy, Sandra Day O'Connor and David Souter — devised a compromise that allowed the states to regulate Roe, but only if they did not impose an "undue burden" on women seeking abortions.
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The researchers weren't sure why this happened, but Souter suggested it might be because in this study, babies born with a midwife in attendance tended to be somewhat larger than those born to mothers cared for by obstetricians.
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"One of the things that has been so painful for conservative voters over the years is to see people like former Justice David Souter put on the bench, who wasn't really vetted," Hawley told Politico in a recent interview.
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Instead, justices Kennedy, Sandra Day O'Connor, and David Souter sided with the court's liberals to reaffirm that the Constitution protects a woman's right to obtain an abortion and to establish the "undue burden" test to weigh regulations of it.
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Angus Grossart, a former vice-chairman of the bank, and Brian Souter, the founder of transport firm Stagecoach, have applied to join the case seeking about 200,000 pounds ($249,920) in damages, the documents filed at a London court show.
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Or will he end up like Edith Jones, the second in consideration when former President George H. W. Bush picked David Souter for the court, who made frequent appearances on the SCOTUS short list, but never got the nod?
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He acknowledged that the controlling opinion in Casey — from Justices Kennedy, Sandra Day O'Connor and David H. Souter — contained sweeping language, and he quoted what he called its "mystery of life" passage, which is generally attributed to Justice Kennedy.
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Supreme Court history is full of ideological surprises, as illustrated by Harry Blackmun, John Paul Stevens, Sandra Day O'Connor, Anthony Kennedy and David Souter — Republican appointees who either drifted left or disappointed conservatives by supporting certain major liberal decisions.
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For his previous two Supreme Court picks, Elena Kagan and Sonia Sotomayor, the president took about 30 days each to announce his selection after their predecessors, Justice John Paul Stevens and Justice David Souter, respectively, said they planned to step down.
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Souter lacked Bork's long paper trail on hot-button issues, but he came highly recommended by Republican politicians from his home state of New Hampshire, such as former governor turned White House Chief of Staff John H. Sununu and Sen.
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They have lived through similar situations when a nominee who might have looked good on paper turned in to a bitter disappointment, such as David Souter or even Chief Justice John Roberts, whose vote upholding Obamacare has overshadowed more conservative rulings.
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For Obama's previous two Supreme Court picks, Elena Kagan and Sonia Sotomayor, he took about 30 days each to announce the elections after their predecessors, Justice John Paul Stevens and Justice David Souter, respectively, said they planned to step down.
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Amy Coney Barrett, new to the Seventh Circuit, presents a Souter-like opportunity to appoint someone with a short paper trail; Margaret Ryan of the armed services' Court of Appeals provides the historic opportunity to nominate the first female Marine.
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He will be celebrated, and no doubt emulated, in this memorial concert, whose long list of celebrants includes the pianist Alan Broadbent and the singers Annie Ross, Sheila Jordan, Kurt Elling, Giacomo Gates, Jay Clayton, Tessa Souter and Roz Corral.
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Mr. Trump also said he wanted to avoid what he called the mistaken appointments of other Republican presidents — namely Justice David H. Souter, who drifted left, and Chief Justice John G. Roberts Jr., who voted to uphold the Affordable Care Act.
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That's lower support for Kavanaugh than similar public assessments of the unsuccessful nominations of Merrick Garland and Harriet Miers, as well as all successful nominees save David Souter, Anthony Kennedy and Stephen Breyer, for whom equivalent data are not available.
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That's helped stoke conservative worries that Hardiman would be a "stealth nominee," in the mold of former justice David Souter, a Republican choice without a sufficient background record who could become a moderate or even liberal if picked for the Court.
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Instead, John Paul Stevens, David Souter and Harry Blackmun all went on to become outspoken liberals, Blackmun and Anthony Kennedy went on to author decisions sweeping away the nation's abortion laws and redefining marriage, Sandra Day O'Connor and Kennedy both ratified Roe v.
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David Souter, the former Supreme Court justice who essentially switched parties during his time on the Court (nominated by George H.W. Bush, he stepped down in 2009 while in good health, so that Barack Obama could name his replacement), modeled this type.
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Instead, justices Kennedy, O'Connor, and Souter forged a compromise that upheld Roe's core ruling—that the Constitution protects a woman's right to obtain an abortion—while imposing a new test to determine whether abortion restrictions posed an "undue burden" to that right.
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But writing on his blog on Monday, Branson said the removal of the Daily Mail amounted to censorship, adding that he and Brian Souter, chairman of Stagecoach, which operates the rail service with Virgin Group, had instructed staff to re-stock the paper.
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It was scrubbed of any squishes along the lines of David Souter, Anthony Kennedy or even Chief Justice Roberts, all of whom have been deemed insufficiently committed to the cause for failing to vote in lock step with the radical right's agenda.
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At a time when museum sponsors are coming under increased scrutiny, gay rights campaigners in Britain ciriticized the Turner Prize on Wednesday for accepting sponsorship from Stagecoach, a bus company whose chairman, Brian Souter, campaigned in 2000 against teaching about homosexuality in schools.
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Basically unknown outside of upper New England, Souter was sold to George H. W. Bush by his chief of staff, John Sununu, and the moderate-to-liberal New Hampshire Republican Warren Rudman as an easy confirmation because he lacked a paper trail.
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Justices with senior status would retain the option to sit on lower courts, as Justices Sandra Day O'Connor and David Souter have done post-retirement, and to serve as an active justice as needed, as Justice John Paul Stevens proposed in 2010.
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What are the chances that Gorsuch would be either a justice with the hardline conservative original intent philosophy of the late Justice Antonin Scalia, a swing-vote justice in the mold of Anthony Kennedy or a surprise liberal justice similar to former Justice David Souter?
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"Whether or not a new social consensus is developing on [abortion], its divisiveness is no less today than in 21977, and pressure to overrule the decision, like pressure to retain it, has grown only more intense," Kennedy, O'Connor, and Souter wrote in their joint opinion.
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Indeed, before President George H.W. Bush appointed David Souter, a longtime justice on the New Hampshire Supreme Court, to the U.S. Supreme Court, he appointed him for a stint on the U.S. Court of Appeals for the First Circuit (a circuit that encompasses New Hampshire).
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President George H.W. Bush nominated David Souter just 104 days before the 1990 midterm elections, President John F. Kennedy nominated Arthur Goldberg only 67 days before the 1962 midterm elections, and President Warren Harding nominated George Sutherland just 63 days before the 1922 midterm elections.
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He was the last of a group of Republican appointees (Earl Warren, William Brennan, Harry Blackmun, David Souter and, to a degree, Sandra Day O'Connor) who breathed compassion into the law and put the impact of their decisions on real people above arid theories.
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Democrats who had been skeptical of the choice of David Souter, about whom they knew little, to succeed Justice Brennan, the court's leading liberal, were aghast at the prospect of Judge Thomas, about whom they knew a good deal, being elevated to Thurgood Marshall's seat.
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The court's decision in Casey surprised everyone: Justices Anthony Kennedy, Sandra Day O'Connor and David Souter co-authored an opinion that upheld the core holding of Roe but gave states more leeway to regulate abortion through "informed consent" requirements, waiting periods and other barriers.
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What these filibusters meant in practice were that, with a few exceptions, the only Republicans who Bush could appoint to the federal courts of appeals were judges like George H.W. Bush-appointee David Souter and Ronald Reagan-appointees Sandra Day O'Connor and Anthony Kennedy.
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In a dissent from the Garcetti majority, Justice David Souter said he hoped the court's ruling did not "imperil First Amendment protection of academic freedom in public colleges and universities," pointing out that professors have an obligation to share the results of their research.
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This will be true for two reasons: A Republican president will face intense pressure from the Republican conference not to pick "another Souter," and a Republican president may have a hard time finding a fairly young, moderate Republican judge to nominate even if he wanted one.
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Republican presidents appointed Justices Stevens, O'Connor and Souter, who vigorously oppose Citizens United (and Justice Rehnquist, who opposed entirely the creation of new "speech" rights for corporations), while Democratic presidents appointed Justices like William Brennan and Harry Blackmun, who helped fabricate unprecedented "speech" rights for corporations.
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However, it is interesting to further observe that one nominee, Kevin Newsom (nominated for a seat on the U.S. Court of Appeals for the 11th Circuit), clerked for Justice Souter (who, though appointed to the Supreme Court by a Republican president, was hardly a conservative stalwart).
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But he has a comparatively thin record of judicial opinions, and some conservatives have voiced concerns that he could turn out to be similar to Justice David Souter, who was appointed to the court by President George H.W. Bush but sometimes sided with the court's liberals.
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Democrats said the same thing about Anthony Kennedy when Ronald Reagan nominated him in 1987, yet he ended up being one of the justices (along with the Republican appointees David Souter and Sandra Day O'Connor) who reaffirmed the central holdings of Roe in the Casey decision.
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Although Presidents Ronald Reagan and George H.W. Bush appointed justices who they believed would overrule the 215.4 decision recognizing a woman's constitutional right to choose an abortion, three of those appointees -- Justices Sandra Day O'Connor, Anthony Kennedy and David Souter -- famously voted to preserve the Roe decision in 2120.
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The maturing of the conservative legal movement, which was in its infancy when Mr Bush picked Mr Souter in 1990, and the strength of its pipeline and networks, has made wild-card nominees less likely, particularly under Mr Trump, who appears happy to be guided by the "Federalist people".
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Although Presidents Ronald Reagan and George H.W. Bush appointed justices who they believed would overrule the 1973 decision recognizing a woman's constitutional right to choose an abortion, three of those appointees -- Justices Sandra Day O'Connor, Anthony Kennedy and David Souter -- famously voted to preserve the Roe decision in 1992.
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"It is these common instruments for establishing ownership and control that most readily enable a court to apply the required, neutral principles in evaluating disputed property claims," wrote Justice Souter for a panel that also included Judge Sandra Lynch and 21th Circuit Judge Bobby Baldock, sitting by designation.
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Matthew C. Waxman, a professor at Columbia Law School, who served in senior positions in the National Security Council, Department of State and Defense Department under George W. Bush — and clerked for Supreme Court Justice David Souter — has a broad perspective of what the president can and cannot do.
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Kennedy would be more reluctant than O'Connor to extend the use of race beyond provable past discrimination, was more accommodating than O'Connor to public interaction with faith-based organizations, and with O'Connor (and Justice David Souter) reconstructed, but did not overrule, the abortion right found in Roe v. Wade.
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Nor did anyone object to considering the Supreme Court nominations of Stephen Breyer in 1994, David Souter in 1990, William Rehnquist and Antonin Scalia in 1986, Harry Blackmun in 1970, or Arthur Goldberg and Byron White in 1962 because those were each a mid-term congressional election year. Why?
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And some conservatives, whose support has guided Mr. Trump's thinking about the courts, have voiced concern about Judge Kethledge on issues like immigration, with some comparing him to Justice David H. Souter, who was appointed by the first President George Bush and who disappointed some Republicans with his votes.
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As Jan Crawford reported in her book about the Roberts Court, the Souter choice emerged out of odd intra-administration conflicts; most notably, some conservatives in the Department of Justice torpedoed the potential nomination of orthodox conservative Ken Starr because he disagreed with them on an obscure federalism issue.
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We have gotten it wrong five different times that I can think of Republican presidents nominating five folks whether it is Blackmun, whether it&aposs Brennan, whether it is Warren, whether it is Souter, whether it&aposs John Paul Stevens, those are all Republican nominees that shocked us with their liberalism.
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Senator Arlen Specter of Pennsylvania, then a Republican and later a Democrat, was so irritated by the nominee's performance that four years later, when President George H. W. Bush nominated David H. Souter to the court, Senator Specter announced in advance that he expected an answer to the Marbury question.
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It should also be noted that, were Garland to be confirmed, say, in the lame duck period after a Democratic victory in November, there's little risk that he would be the liberal equivalent of David Souter, who famously aligned with the Court's liberal wing after being nominated by George H. W. Bush.
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It is certainly possible that Trump means to appoint Thapar to the appellate court to get more of a sense of his judicial philosophy, much as President George H.W. Bush appointed New Hampshire Supreme Court Justice David Souter to the federal court of appeals in Boston before naming him to the Supreme Court.
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"In the group of patients who had care from a midwife, there was a lower rate of interventions," said Dr. Vivienne Souter, research director at the Obstetrical Care Outcomes Assessment Program (OBCOA), a multicenter quality improvement collaborative of the Foundation for Health Care Quality, an independent non-profit organization based in Seattle.
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More importantly, there are four conservatives and four liberals, a distinction of some gravity because history and scholarship show ideology matters more than party affiliation in court voting behavior (lessons learned by Presidents George H.W. Bush and Dwight Eisenhower in the appointments of the unexpectedly liberal Republicans David Souter and Earl Warren).
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Since the 1980s, a network of activists and organizations has worked assiduously to reach this point, determined to avoid the disappointment they felt after Republican appointees like Earl Warren, William J. Brennan Jr., David H. Souter, Sandra Day O'Connor and Justice Kennedy proved more moderate or liberal once they joined the court.
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And I would say that, while there are no guarantees that someone will adhere to the ideology and the thinking about the Constitution that he or she brings to the office, at the same time I think the vetting process is very different today than it was back during the first President Bush, when Justice Souter was selected.
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Back in 2010, in honor of his having served on the bench for 30 years, the Yale Law Journal published reflections on the "unique legacy" of Reinhardt — a Yale Law School graduate — including one from Heather Gerken, a former clerk for Reinhardt and retired Justice David Souter who is now the dean at Yale Law School.
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" Kennedy also had joined with the court's more liberal members and, while she was on the court, Justice Sandra Day O'Connor in upholding the constitutional right to an abortion — most notably in a key 1992 decision in which he, O'Connor, and retired Justice David Souter coauthored an opinion declaring that "the essential holding of Roe v.
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Gore case (which Justice David Souter believed so "crudely partisan" a decision he considered resigning); the constellation of decisions emanating from Citizens United, which have allowed corporations and billionaires to dump literally unlimited amounts of money into elections; and the 2013 gutting of crucial provisions of the Voting Rights Act, which has already had disturbing consequences.
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There are many advantages to going solo, including increased independence and flexibility, as some of the most high-achieving men and women in history — current Supreme Court Justices Elena Kagan and Sonia Sotomayor and former Justice David Souter, former Secretary of State Condoleezza Rice, billionaire media mogul Oprah Winfrey, Queen Elizabeth I and artist Leonardo da Vinci — have shown.
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Every time a conservative primary opponent questioned Trump's fitness to be president because of the opening on the Supreme Court, conservative voters were reminded of the past promises of Republican presidents that resulted in Earl Warren, Harry Blackmun, Anthony Kennedy, David Souter and, most recently, Chief Justice John Roberts — a long yet incomplete list of Republican Supreme Court betrayals.
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Number one, Ronald Reagan was able to put three judges on the Supreme Court and there are Republican Presidents like Bush Senior who put Souter on who he thought was a conservative and he turns out to be a liberal, and then Junior Bush ends up putting John Roberts on who was the one vote, the deciding vote in Obamacare.
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There&aposs very little danger of another Souter being produced of this list, but what&aposs fascinating is the way in which there&aposs a conflict developing over whether it would be safe enough to go with someone like Brett Kavanaugh who is a dyed in the wool conservative on the D.C. circuit but perhaps not conservative enough for the pro-life forces.
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During most of his tenure he served with justices who defied easy ideological label, such as Byron White, an appointee of President John F. Kennedy who regularly voted on the right; Lewis Powell, a Nixon appointee who amassed a moderate record; and David Souter, who was named by George H.W. Bush and became known for liberalism in sync with Stevens.
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During the Supreme Court's 1991 term, a term in which many people expected to see a sharp turn to the right following the retirements of Justices William J. Brennan Jr. and Thurgood Marshall, I had written several articles suggesting that control of the court had instead passed to a "moderately conservative middle group of justices," Sandra Day O'Connor, Anthony M. Kennedy and David H. Souter.
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That's not because Judge Brett Kavanaugh is going to move left like Justices David Souter and John Paul Stevens did, or be an inscrutable moderate like Kennedy was, but because his vote won't change that much, for two reasons: Social issues aside, Kennedy voted with conservatives a lot; and Chief Justice John Roberts, a minimalist and incrementalist, is the new median justice, a minimalist and incrementalist.
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Indeed, I strongly suspect that in a world without the Souter own goal — a world where the Supreme Court had sided with cultural conservatives to the extent one would have expected given the number of recent Republican appointees — a nominee like Merrick Garland could still have been confirmed with Republican votes, and the filibuster could still persist, reserved for the unqualified, corrupt and genuinely extreme.
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Consider a few justices in recent memory who were nominated by a Republican President and confirmed by a Democratic Senate: President Ronald Reagan appointed Justice Anthony Kennedy, who is now the court's centrist (and voted in support of same-sex marriage last term); President George H.W. Bush appointed Justice David Souter, who became comfortably liberal; President Richard Nixon appointed Justice Harry Blackmun, who wrote the opinion in Roe v.
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That opposition would look ironic in hindsight, since once on the bench Souter spent a brief time voting with the conservatives, then cast one of the crucial votes to uphold Roe, then swiftly evolved into as reliable a liberal as Bill Clinton or Barack Obama could have ever hoped to appoint … and then, as the by-then-inevitable coup de grâce, retired under Obama, allowing Sonia Sotomayor to take his place.
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To argue that Kavanaugh will uphold Roe v Wade because Souter and O'Connor did is so blatantly dishonest ... as if the last 30 years of American politics didn't happen On the subject of the sexual assault accusations against Kavanaugh, Collins revealed herself to be a proponent of the mistaken identity theory that gained traction among some conservatives: that Christine Blasey Ford had been assaulted, but that she misidentified Kavanaugh as the attacker.
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You&aposre one of the clerks of course, and again going back to the Conservative who were going nuts over the past 72 hours, "He&aposs another David Hackett Souter" I kept saying, "You guys are shooting yourselves in your own foot" What can you tell our viewers at Fox tonight about their relationship, Anthony Kennedy and Judge Kavanaugh&aposs relationship, and does that extend to their jurisprudential outlook on some of these more hot button cases.
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