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Judge Souter 7/90 [OA 4422]
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Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Mary Kate Grant Subject Files
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MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Speechwriting, White House Office of
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Grant, Mary Kate, Files
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Subject File, 1988-1991
OA/ID Number:
13884
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13884-002
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Judge Souter, 7/90
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29
1
2
WHITE HOUSE DISCUSSION POINTS
SUPREME COURT NOMINATION OF JUDGE DAVID SOUTER
"Judge Souter, I believe with all my heart, will prove a
most worthy member of the court. His tenure as an Associate
Justice of the Supreme Court of the State of New Hampshire, as
Attorney General of that state, and more recently, as a federal
appeals judge, unquestionably demonstrates his ability, his
integrity, and his dedication to public service. And he has a
keen appreciation of the proper judicial role rooted in
fundamental belief in separation of powers and the democratic
principles underlying our great system of government."
President Bush nominating Judge Souter as an
Associate Justice of the Supreme Court on July 24,
1990
*
In nominating Judge Souter to the Supreme Court, the
President selected a jurist of extraordinary ability
with impeccable qualifications.
Judge Souter is a man of unquestioned distinction and
accomplishment. He is an outstanding judge, fair,
equitable, and thoughtful.
Judge Souter received the ABA's highest rating of "well
qualified" before he was nominated for a judgeship on
the court of appeals. He was unanimously confirmed for
that position by the Senate in April, 1990.
*
Judge Souter is a believer in judicial restraint, a
tough trial court judge with a great legal mind who
will interpret the Constitution not legislate from the
bench.
*
The President did not use any litmus test nor did any
single issue dominate his decision to choose. There
should be no litmus test in the process of
confirmation.
*
Judge David Souter was chosen because of his fidelity
to the Constitution and the rule of law. These
qualities, coupled with a nominee's education and
experience, determine whether a nominee will be a
good Justice of the Supreme Court.
For additional information, please contact the Office of Public
Affairs at 202-456-2483.
COMMENTS ON THE SUPREME COURT NOMINATION
OF JUDGE DAVID SOUTER
incisive, independent devotion to interpreting the Constitution.
"I believe I'm recommending an individual with a strong,
He's a quiet man of enormous intellectual strength. A tough
trial court judge with a great legal mind and an impartial
quality that will serve the Court well."
President Bush on his decision to nominate
Judge David Souter to the Supreme Court to
the Philadelphia GOP on July 24, 1990
The Administration on Judge Souter:
Governor John Sununu said that he, Attorney General
Thornburgh, C. Boyden Gray were all "struck by the
Souter's opinions. (New York Times 7/25/90)
crispness, the logic, the flow and the structure" of Judge
On ABC-TV's "Good Morning America," Attorney General
Thornburgh said, "I don't think it will be a hard sell at
all, when you look at the man's (Judge Souter) record,
questions of law."
experience, integrity and ability to deal with tough
The Congress on Judge Souter:
Rep. Newt Gingrich (R-GA) said of the Souter nomination, "It
commitments seems to meet all of the President's philosophical
At the same time, it doesn't allow the
President's ideological opponents very much automatic
opportunity to fight with him. " He then added, "The people
I know from New Hampshire who have known him say that he is
a very solid person. (New York Times 7/26/90)
"It's a good one
qualifications, not his ideological ones," remarked Sen.
he has chosen someone for his legal
Patrick Leahy (D-VT), a member of the Senate Judiciary
Committee, on the selection of Souter by President Bush.
(Boston Globe 7/25/90)
"From what I have read, my impression is positive," said
Sen. Sam Nunn (D-GA) of Souter. (New York Times 7/26/90)
Associates from New Hampshire on Judge Souter:
"I know him as a scholarly, bright and articulate exponent
of his judicial philosophy," remarks Judge Brock who served
with Judge Souter on the New Hampshire Supreme Court.
(Washington Times 7/25/90)
"He's fiercely independent in his legal reasoning and he
get there on his own. He has no constituency," remarked
John Broderick, president of the New Hampshire Bar
Association, on Souter's decisions while on the bench.
(Washington Times 7/25/90)
"A man of industry, integrity and great intellectual
ability," said Martin Gross, a Democrat and former mayor in
New Hampshire. (Dallas Morning News 7/24/90)
"
he has taken an approach in his style and his demeanor
and his judicial conduct that is conservative
People who
admire brilliance will be very impressed with this man
He has tremendous respect in the legal community as an
attorney general and as a judge as well," remarks Rep.
Thomas Gage, Chairman of the New Hampshire House Judiciary
Committee in his dealings with Judge Souter. (Washington
Times 7/25/90)
During his tenure as New Hampshire's Attorney General, Judge
Souter hired Richard McNamara as a prosecuting attorney.
When asked about Souter he remarked that, " (Souter)
inculcated in young prosecutors a sense of fairness."
(Washington Times 7/25/90)
Others on Judge Souter:
In his 7/27/90 syndicated column, David Broder remarked,
"What the country should care about is that the New
Hampshire jurist - by the unanimous testimony of those who
know him - brings a powerful, superbly trained legal
intellect, disciplined work habits and genuine independence
of judgment to the issues before the high court, If when
discussing the Souter nomination to the Supreme Court.
(Washington Post 7/27/90)
Said L. Gordon Crovitz, in an editorial for the Wall Street
Journal (7/25/90), wrote "his willingness to ask whether all
issues are necessarily legal issues could help nudge the
court back to its more modest practice of avoiding
essentially political cases."
"He's always wanted to be a defender of America and American
values. That's why he went into law, " said Dr. Melvin
Levine, a Rhodes Scholar at Oxford University with Judge
Souter. (New York Times 7/25/90)
Anthony Lewis, in his column, wrote: "Judge Souter is
described as a conservative. But indications are that he
York no of legal wrongs he is determined to right. " (New
comes list to this great appointment with no ideological agenda:
Times 7/27/90)
him Souter when they were deputy attorney generals
with Gov. Gerald L. Baliles, former Virginia governor, who worked
"without a trace of ideology. " (Washington Post 7/26/90) found
THE NEW YORK TIMES
7/25/90
Sununu Tells How and Why
He Pushed Souter for Court
By R. W. APPLE Jr.
operation the New York : mes
WASHINGTON July 24 - John H.
lumoia Circuit.
Sununu. the White House chief of staff.
The list. the-chief of staff reported.
said todav that ne had assured Presi-
had been cut from a dozen names early
dent Busn that David H. Souter would
Saturday morning to four or five DV
sphoid conservative values on the Su-
Sunday evening. Only Judge Souter and
preme Court. He also said ne had given
Judge Jones met with the President.
strong personal support" :0 Judge
!: was Attorney General Dick Thorn-
Souter at a Kev moment in the Presi-
buren and Mr Grav. Mr Bush's coun-
dent decision-making.
sel. who brought David's name out of
As Governor of New Hampshire. Mr.
the pack" of 20 or more names with
Sununu named Judge Souter an ASSOCI-
which the Administration began 18
ate Justice of its Supreme Court.
months ago. Mr. Sununu said. "I stayed
"I was looking for someone who
out until almost the end."
would be a strict constructionist. con-
Rudman Wields Influence
sistent with basic conservative atti-
tudes. and that $ what I got." the chief
But it was Senator Warren E. Rud-
of staff said in an interview. "I was
man. the influential New Hampshire
able to tell the President that 1 was
Republican. who first brought Mr.
sure he would do the same thing when,
Souter's name to the attention of offi-
he encountered Federal questions.
cials in Washington in 1986 and 1987.
"What he says and does is what he IS.
Reacting a bit testily to reports de-
No pretense. no surprises.
scribing Judge Souter as a protege or
an ideological twin of Mr. Sununu. Mr.
Their Kind of Man?
Rudman declared: John Sununu did-
The chief of staff's comments were
n't know David Souter - though he of
designed to advance the overall White
course knew of him. in a small state
House strategy of seeking to convince
like New Hampsnire - when the va-
conservatives that Judge Souter was
cancv on the state court came up. I
their kind of man. who could be trusted
pushed him for that, I told Ronald Rea-
to vote "right" on the big issues. with- gan about him. I pushed him for the
out getting him involved in fierce de-
Circuit Court job and 1 urged Bush to
bates about abortion or flag burning or choose him this time. He's not Sununu's
other contentious specifics.
man."
In being unusually candid about the: The chief of staff largely confirmed
details in the selection process. Mr. that account. but said-he came to know
Sununu was carrying out his role as and respect Judge Souter later. not so-
Mr. Bush's primary liaison to the right cially but professionally. Asked
wing of the Republican Party and to whether he considered the jurist as one
the ideological groups that support Mr. of those who worked to create a mood
Bush but are nervous about the com- of ideological conservatism in New
mitment to their issues.
Hampshire - like Mr. Sununu himself,
Mr. Sununu said that neither he nor:
the President asked the 50-year-old ju-1
rist any questions about abortion, the
most politically explosive issue facing)
the Supreme Court. or about Roe V.'
Message to
Wade. the Court's basic decision on
abortion rights. which has been under
conservatives:
attack by anti-abortion groups. An-1
other White House official said Mr.
You'll like him.
Bush had crossed several questions off
a list prepared for his meeting with
Judge Souter by his counsel. C. Boyden
Gray, because they seemed too spe- former late Gov. Meldrim Thomson or
cific.
the late newspaper publisher William
Judge Souter. named only recently to
Loeb - Mr. Sununu replied: "David
the United States Court of Appeals for was philosophically comfortable with
the First Circuit. in Boston, has no it. but temperamentally not suited to
record of public statements on the public battle. He was content to make
issue.
his contribution in a judicial sense."
"We think it's wrong for us to apply a
'A Little Problem' Recalled
litmus test on a single issue in selecting
a nominee." Mr. Sununu said. "We'
On one occasion. Mr. Sununu added.
think It's wrong for the Senate to do so
the judge "created a little problem for
in confirmation proceedings. That's a
me'
in
an
opinion
"so
tight
and
so
iron-
principle
we're
going
to
try
to
stress
in
clad
and
leak-proof"
that
the
structure
the weeks ahead."
of the state's meal taxes had to be thor-
Reading Between the Lines
oughly redesigned.
The man loves the law to the point
Mr. Sununu said that President Bush of keeping himself completely out of
had had two candidates under consid-i
the public eye." he said. "He loves
eration when he retired to his office on
being a judge. reading and doing pri-
Monday with a yellow legal pad to
vate things. not showing off by talking
make, his decision - the two he had
and writing about being a judge."
just spoken with. Judge Souter and
"There's a feeling that this IS a guy
Judge Edith H. Jones. 41. who sits on
who wants to be a Supreme Court Jus-
the Court of Appeals for the Fifth Cir-
tice and wants to dedicate his life to it."
cuit. in Houston.
said an aide briefing reporters about
"Reading between the lines. and
the reasons for Mr. Bush's choiced.
that's all It IS." the chief of staff said.
He's not a political guy. On a personal
"maybe we're talking about a se-,
basis. the President was impressed by
quence here. Maybe she IS the choice the fact that he's a humble man, quiet
the next time that we have a vacancy and studious."
on the Court. There are no sure things, Mr. Sununu said that Mr. Gray and
and times and conditions can change. ! Mr. Thornburgh had been struck by
but the President was impressed."
"the crispness. the logic. the flow and
Mr. Sununu said that he had "inter- the structure" of Judge Souter's opin-'
vened with strong personal support" ions. But if he IS thoroughly at home
for Judge Souter only on Monday with the written word. Judge Souter ap-
morning, and that even then he had parently has no gift whatever for chit-
made positive comments about the two chat or small talk.
other candidates still in the running at What did Judge Souter have to say at
the time. identified by another Bush his meetings with Mr. Sununu Mon-
aide as Judge Jones and Judge Lau- day?
rence H. Silberman, 54. who IS on thei Not very much." the chief of staff
Court of Appeals for the District of Co-1 answered. "As usual."
THE WASHINGTON POST
7/25/90
Bush Opens Drive
For Court Nominee
Confirmation Hearings Set for September
By David S. Broder
and Helen Dewar
AS/HINGTON Post and Weiters
The White House launched the
confirmation drive for President
COURT. From A1
Souter began preparing for the
ished." But White House officials
Bush's first Supreme Court nom-
confirmation process by meeting
said Souter was a strong contender
abortion. "I don't have to be circum-
inee yesterday against a virtually
with White House officials and Ken-
from the beginning, having im-
invisible opposition and amid signs
spect," he said, "but he may."
neth Duberstein, former White
pressed Thornburgh and others
that David H. Souter will resist ef-
Grassley added that "at this
House chief of staff in the Reagan
with his intellectual qualities when
forts to pin down his views on abor-
point, it looks like it [confirmation]
administration. who will shepherd
he was being interviewed for the
will go very smoothly," a judgment
him through the hearings.
circuit court.
tion.
that was echoed at the liberal end of
Souter. the little-known. 50-year-
Rudman, who hired Souter as a
Barring a surprise discovery about
old New Hampshire jurist named by
the political spectrum by another
young lawyer when Rudman was
Souter, most senators who ventured
Judiciary Committee member. Sen.
Bush Monday to replace retiring
a judgment yesterday said he should
Howard M. Metzenbaum (D-Ohio).
Justice William J. Brennan Jr., con-
be easily confirmed. Rather than
The waters are quiet." Metzen-
tinued to draw approving comments
baum said. "He's got a clean slate so
"The waters are
question his qualifications, they feil
across the political spectrum.
to debating the propriety of asking
far. But that doesn't mean some-
-1 think there's a positive feel-
quiet. He's got a
him about abortion and other sensi-
ing." said Sen. Patrick J. Leahy (D-
thing won't come up tomorrow
tive issues.
morning."
Vt.). a member of the Judiciary
Liberal interest groups said last
clean slate so far.
Sen. Alan K. Simpson (R-Wyd.)
Committee. which will hold confir-
said. "I think it would be appalling
night that their first look at Sou-
mation hearings in September.
But that doesn
to spend too much time. if any at all.
ter's judicial record had yielded no
President Bush told a GOP fund-
on abortion," when the hearings be-
ammunition for a fight against him.
raising luncheon in Philadelphia
Initial 'eview of the more than 200
mean something
gin.
"there should be no litmus test in
But Sen. Dennis DeConcini (D-
opinions Souter wrote during his
the process of confirmation." rest-
seven years on the state supreme
won 't come up
Ariz.). another Judiciary Committee
erating his statement that he had
member. said. "ile doesn't look con-
court reflected a jurist who focused
applied no such standard himself on
tentious to me
but it's unreal-
more often on the mundane and
tomorrow morning. "
istic to think he will not be asked
abortion or any issue.
technical issues of a state court
-Sen. Howard M. Metzenbaum,
White House press secretary
about abortion. flag burning, the
than on sweeping constiutional
Judiciary Committee member
Martin Fitzwater said Bush is mov-
line-item veto and a lot of other IS-
questions.
ing quickly on the nomination be-
sues. But I don't expect him to give
Administration officials ex-
New Hampshire attorney general.
cause "we saw that some of the spe-
us any clear-cut answers."
pressed confidence that Bush had
said he would escort the nommee
cial interests-on abortion. civil
One of the few negative notes
found what he wanted-a conser-
personally to meetings with Senate
rights-were going to try to cook
was sounded by Sen. Orrin G.
vative judge with no written open-
leaders today and with Judiciary
Hatch (R-Utah) who said he would
up a stew that this nomination
ions, especially on abortion issues,
Committee members tomorrow. "1
would get dumped into."
have preferred if Souter, a lifelong
that would fuel ideological conflict
know him better than anyone else."
Sen. Warren B. Rudman (R-
bachelor, were a family man. But
on the eve of the midterm election.
he said, "and I'm going to do the
N.H.). a close friend of the nomi-
Hatch quickly backed away from
"I don't think it will be a hard sell
honors myself."
nee, said the former New Hamp-
the statement. "It came out wrong."
at all, when you look at the man's
At a brief photo session yester-
shire Supreme Court justice had
Hatch said. "I did not mean that $5
record. experience, integrity and
day afternoon in Rudman's office,
made it clear to administration of-
criticism."
ability to deal with tough questions
Souter confessed that "I really was
ficials that "if they had any titmes
of law." Attorney General Dick
in some state of shock" when he
Staff writer Dan Bale. traveling
tests to apply, he was not interest-
Thornburgh said on ABC-TV's
stood at Bush's side for the an-
with President Busk, contributed to
ed" in the appointment he received
"Good Morning America."
nouncement Monday. "I was aston-
this report.
from Bush earlier this year to the
1st U.S. Circuit Court of Appeals in
Boston or in being elevated to the
Supreme Court.
"He will take that same stance
with senators," Rudman said. "He
has far too much respect for the -
dependence and integrity of the ju-
diciary to allow that to happen."
Bush made the same pount. argu-
ing that the court needed justices
with "independent minds
above
the flames of political passion."
The first Judiciary Committee
member to indicate publicly an in-
tent to press Souter on the abortion
issue was Sen. Charles E. Grassley
(R-lowa). a strong opponent of
See COURT. AC. Col. 4
Souter Meets With Leaders of Senate
In Session of Humor and Good Will
By LINDA GREENHOUSE
YOUR
Letter About Abortion
WASHINGTON. July 25 - Judgel
David H Souter. President Bush SI
The scrutiny of Judge Souter
record goes bevind his more than 200
choice for the Supreme Court, visited
'I must say, I
written opinions as an Associate Jus.
the Senate Democratic and Republi-1
tice of the New Hampshire Supreme
can leaders today in a relaxed atmos.)
Court. extending to his actions as the
never thought of
phere that reflected the absence of ac.
state's Attorney General and even to
live opposition to his nomination so far
letters he wrote on official business
myself as that
With Senator George J. Mitchell. the
majority leader. Judge Souter ex.
The National Abortion Rights Action
obscure.'
changed reminiscences about a senior
Beague. which has expressed concern
Federal judge from the Senator home
over the lack of knowledge about Judge
state of Maine.
Souter views on abortion found in its
Judge Souter told Mr Mitchell that
New Hampshire affiliate's files a letter
aides from previous Republican ad-
he admired the judge. Frank M Coffin.
that he wrote to a committee of the
ministrations who are now in the public
and had once received a letter from
State Legislature in 1981. Judge Souter
relations business. have been asked to
him. "I would frame it." Judge Souter
then a judge on the state S trial court
work with Judge Souter in preparation
said. "but that would be ostentatious.
the Superior Court was expressing the
for the hearing.
A Straight Line for Dole
views of a committee of judges on a bill
At a White House meeting this morn-
ing with Congressional leaders. Presi-
Probably inadvertently. the nominee
to require teen-agers to get their par
dent Bush urged support of the nomina-
fed a straight line to the Republican
ents' consent before having an abor
non
leader. Senator Robert Dole of Kansas.
tion.
Leaving the meeting. Senator Sam
about New Hampshire. which 15 Judge
His letter said that the judges had de
Nunn. Democrat of Georgia. said the
Souter's home state and the place
cided to take no position on the question
President had "made a pitch" for
where Senator Dole's Presidential
of parental consent but that they. die
Judge Souter. From what I've read.
campaign ran aground two vears ago.
oppose a provision in the bill to RIVE
my impression 15 positive. the Senator
"Are vou going to be sorry to leave
tenn-agers the alternative of seeking
said.
New Hampshire?" someone asked
permission from a Superior our
Representative Newt Gingrich. a
Judge Souter as the meeting with Sena-
Indge
Georgia Republican who IS a spokes-
tor Dole was about to begin.
"I don't know that anyone wants to
riting on behalf of the follow
man for conservatives in the House.
judges. Judge Souter sand the 15101
said as he left the same meeting that
leave New Hampshire." the judge re-
plied.
would force the judges to engage
the nomination was a "surprise" and
"acts of unfettered personal choice.
'sort of a George Bush-like choice.
"Idid," Mr. Dole said.
He said "a principled and consistent
"Il seems to meet all of the Presi-
The two brief sessions. in elegant of.
application of the quoted provision
dent's philosophical commitments."
would be impossible because judges
Mr. Gingrich said. "At the same time.
The nominee, no
would respond to the teen-agers re-
it doesn't allow the President's ideolog-
quests on the basis of their own VIDWS
ical opponents very much automatic
about abortion. or at least their views
opportunity to fight with him."
longer stunned,
about 19017 ability 10 make choices
Mr. Gingrich added. "The people I
about abortion for another person.
know well from New Hampshire who
appears at ease in
Judge Souter's letter said:
Much
have known him say that he IS a very
solid person."
the Senate.
criticism of the role of the judiciary in
this country has characterized judicial
activity in the application of constitu-
fices at opposite ends of a corridor be-
tional standards as no more than the
hind the Senate chamber. began with
imposition of individual judges views
photo opportunities. as consecutive
in the guise of applying constitutional
waves of photographers were admitted
terms of great generality. The provi-
to record the event. Judge Souter ap-
sion that I have quoted from the
peared at ease. almost amused as he'
present bill would force the Superior
parried the shouted questions with a
Court to engage in just such acts of un-
politician $ ease. He had shed the:
fettered personal choice."
stunned expression he wore when hel
The parental consent bill did not pass
stood beside President Bush two daysi
the Legislature.
ago for the announcement of his nomi-
A Pitch From Bush
nation. which Mr. Bush officially sent
to the Senate this morning.
Dawn Johnsen. legal director of the
abortion rights group. said she found
Wit and Parry
Judge Souter's letter "disturbing" be
How did it feel to be plucked from ob-
cause It indicated that he might vote on
scurity. he was asked.
the Supreme Court to uphold parental
"1 must sav, I never thought of my
consent laws that did not give teen-
self as that obscure." Judge Souter re-
agers the option of seeking approval
plied.
from a judge. The Supreme Court has
Asked to recount his feelings upon
not ruled on whether a "judicial by-
being nominated, he answered: The
pass" IS constitutionally required for
best news I have 15 that the blood 15 cir.
all such legislation.
culating to the brain well enough now
But Ms. Johnsen said the letter did
so that I'm beginning to have some
not appear to indicate Judge Souter's
feelings
view on the constitutionality of other
restrictions on abortion.
Judge Souter. who sits on the United
States Court of Appeals for the First
The White House today was also pol-
Circuit in Boston. 15 to meet Thursday
ishing Its strategy for the confirmation
morning with Senator Joseph R. Biden
process. Kenneth M. Duberstein and
Jr., the Delaware Democrat who heads
Tom C. Korologos, two White House
the Senate Judiciary Committee. The
committee's confirmation hearing will
be held in September.
Senate Democrats have been largely
silent about the nomination. Neither
the Democrats nor the liberal interest
groups that organized the successful
fight against Judge Robert H. Bork's
nomination to the Supreme Court three
years ago have yet arrived at an ap-
proach to this nomination. Judge Sout-
er's views about the issues that con-1
cern these groups the most, like abor-
tion. are not known.
NEW YORK TIMES
One Democratic aide to the Judici.
7/26/90
ary Committee was asked today how)
he was spending his time. Reading,
the aide replied.
THE BOSTON GLOBE
7/25/90
Souter confirmation strategy mapped
By John W. Mashek
and Stephen Kurkjian
CLORE STAFF
"The longer the president wok.
WASHINGTON Judge David
In the 19th century. Supreme
the more his decision would be
H Souter Pressiont Bush's nominee
Court nominees were routinely re-
framed as by the abortion issue."
in the Supreme Court. met with
jected for a broad range of political
-aid a White House adviser who
White House officials yesterday to
reasons. But in this century, the
asked not be to be identified. "He
map out his Senate confirmation
trend has been to allow the presi-
:elt the quicker It was done the more
strategy, while Bush urged the Sen-
dent to nominate to the court a per-
people would concentrate on the per-
ate to avoid letting a -ingle issue
son who shares his judicial philos-
was qualifications. rather than any-
dominate the hearings.
ophy.
thing else.
As Senate investigators began
The most recent exception to
scrutinizing Souter's record. both
We hope the Senate will agree." Mc.
that trend, the Senate's rejection of
personal and judicial. political strate-
Clure added.
Reagan's nomination of Robert H.
said that by moving rapidly to
Bork. was fueled by Bork's lengthy
nominate Souter. Bush had succeed-
The nominee's lobbyist
writings and opinions on a range of
ed in shifting much of the enormous
The White House confirmed that
controversial topics before the court.
attention concerning the nominee's
Kenneth Duberstein. a former chief
position on abortion 'n his significant
of staff and congressional liaison in
Following a faist trail
qualifications as a jurist.
the Reagan administration. will help
lobby Capitol Hill for Souter on an
There is only a faint paper trail
Souter appeared relaxed when
in Souter's case. a fact that worries
he posed for photographers at the
unpaid basis. Duberstein. a Wash-
conservatives as well as liberals.
White House. The blood IS circulat-
ington lobhyist. IS likely to help
"Most conservatives today have ner-
ing a little bit better than it was yes-
Democrate on the Judiciary Com-
vous smiles." said Richard A. Vi-
terday atternoon at five o'clock." he
mittee over how hard Souter should
guerie. chairman of the United Con-
be pressed to detail his position on
servatives of America. "We think we
said. -I didn't think it was going to
abortion. which he has not directly
can be happy, but we're a little ap-
happen. 1 was astonished."
ruled on during his 12 years on the
prehensive. We don't know a lot
Souter was selected from a list of
New Hampshire Superior and Su-
about Judge Souter."
potential nominees that numbered
preme courts.
Until the confirmation hearings
18 last Saturday. that was trimmed
Some senators believe that be
begin. Souter is likely to stay out of
to four over the weekend and that
cause Souter has taken no public po-
the public eye and withhold all com-
was reduced TO two on Monday:
Souter and Jurige Edith H. Jones.
sition on abortion. questions should
ment on matters before the court.
be limited to his positions on the
administration sources said.
41. of the 5th US Circuit Court of
Appeals in Houston. sources and
Souter on the limits of questioning
He is not expected to return to
Bush interviewed Junes and Souter
during the hearings.
his home in Weare. N.H.. until the
on Monday alternoon before decid-
Asked how Souter would respond
weekend. Today. Souter will begin a
ing on Souter. they -aid.
Hearings on his nomination in
to heated questioning by Democrate
tour of Capitol Hill to meet with
on the abortion issue, one Bush ad-
Senate leaders. followed by mem-
the Senate Judiciary Committee are
viser said: "I doubt very much if
bera of the Judiciary Committee.
expected to start in early Septem-
ber. The White House and the Sen-
you'll see anything very deep on any
issue. such as that that in oefore the
Metrenbane's scare card
ate leadership want the vacancy left
court"
Sen. Howard M. Metzenbaum. an
by retiring Justice William J. Bren-
Ohio Democrat and a Simon col-
nan .1r. filled when the new court
However. according to sources.
there is a potential split among the
league on the Judiciary Committee
term starts on the first Monday in
who is likely to be the toughest ques-
October
broader issue. such M whether the
tioner. told reporters: "At this point
Speaking on a political fund-rais-
Constitution sets out the right to pri-
it's no hits, no runs, no errors. It
ing trip in Philadelphia. Bush al-
vacy.
may not be a good thing in a justice.
buded to the divisive abortion debate
To concentrate on one issue, even
but it's a good thing in sending up a
as he urged the Senate to avoid let.
one as emotional as abortion. would
nominee to be confirmed."
ting a single issue dominate the con-
"relegate the historic confirmation
Sen. Patrick J. Leahy of Ver-
firmation proceedings.
process to single-issue politics."
mont. a liberal Democrat on the Ju-
"In my nomination
there
was
Leahy said.
diciary Committee and a fierce critic
no single issue. no litmus test or
However, other Democrats on
of many of President Reagan's judi-
standard dominating my decision to
the committee appear to feel that
cial nominations. was similarly posi-
nominate." Bush said. -I will add
abortion is a significant enough issue
tive. -It's a good one." Leahy said of
there should be THE htmus test in the
legally and politically to center the
Bush's decision. "He could have sent
process of confirmation."
debate over Souter's qualifications to
up a symbol that would pander to
He promoted Souter as a judge
sit on the court.
the far right of his party, but instead
"true to the life and spirit of the
he has chosen someone for his legal
Constitution. a priority that I'm con-
Polities and history
qualifications. not his ideological
fident will also guide the Congress in
Some staff members are already
ones."
the confirmation process."
researching the number of past con-
At the White House. Souter met
firmation battles that hinged on a
with Frederick McClure. Bush's con-
Advantageous background
single issue, including the Senate's
gressional lisison chief. to discuss
The relative lack of definition in
rejection of George Washington's
the confirmation strategy. McClure
Souter's judicial background is
elevation of Justice John Rutiedge to
said the meeting was routine. a nor-
working in his favor, as various in-
chief justice in 1796 because of Rut-
mai practice associated with new
terest groups and some members of
ledge's opposition to a treaty with
nominees. "He's a well qualified guy.
the Senate struggle to find any nug.
England.
gets of controversy in his record in
Dong Bailey, a Republican politi-
New Hampshire and on the federal
cal consultant, said that abortion is
bench.
such an explosive, political issue that
Liberals and conservatives are in
senators might legitimately be able
the same predicament. because 80
to press Souter to define his position.
little is known about the 50-year-old
without being viewed M abusing the
Souter. a close friend of Sen. Warren
confirmation process.
B. Rudman. Republican of New
"Two years from now, if Souter is
Hampshire.
on the bench and overrules Roe V.
"It is an unclear nomination in
Wader there are going to be a lot of
the sense of where he is going. and
prochoice people out there asking
that really does help him in this situ-
their senators why they weren't
ation in the Senate." said Sen. Paul
tougher in questioning this guy,"
Simon. an Illinois Democrat who is a
Bailey asid.
liberal member of the Judiciary
Committee. "I think the president
was aware of that."
By deciding to announce Souter's
nomination less than three days
after receiving official notification
that Brennan was resigning, Bush
was able to cut off the pressure from
both sides of the abortion issue to
nominate a person who reflected
their views.
WASHINGTON TIMES
7/25/90
White Mountains echoing
pride and praise for Souter
By A.an McConagha
Judge Souter on the state Supreme
Franklin Pierce Law Center. said
WASHINGTON MES
Court.
Judge Souter in the past closely ana-
Judge Souter IS "a big-league ball
CONCORD, N.H. - New Hamp-
lyzed the text of the New Hampshire
player who's finally getting to go to
shire, a state with an abiding faith in
Constitution in arriving at his de-
the big league." said John Broderick,
cistons.
tradition. elaborated its version of a
president of the New Hampshire
Horatio Alger epic yesterday with
Bar Association.
But Judge Souter's respect for le.
the story of Judge David H. Souter
Former state Attorney General
gal precedent might make him re
As reporters flocked here to learn
Steve Merrill. now a Manchester
luctant to overturn earlier rulings.
more about the surprise nominee to
lawyer. added, "The New Hampshire
said Mr. Duggan. He thought it was
the Supreme Court. his friends re
bar is delighted that one of the best
an "open question" whether Judge
vealed that he is a jurist with an abid-
and brightest in New England. if not
Souter would vote against Roe VS
ing faith in tradition.
Wade.
the whole country. was chosen."
He IS also popular. The retiring.
But it was also apparent in these
One government official who re-
scholarly. 50-year-old federal ap-
interviews that Judge Souter's views
quested anonymity told the Associ-
peals judge was hailed as the
on such sensitive issues as abortion
ated Press that Judge Souter follows
"Abraham Lincoln of New Hamp-
are as little known in his hometown
the values and philosophy of "the
shire" by Concord High School Prin-
as they are among Washington advo-
Great Dissenter." conservative Su
cipal Charles Foley.
cacy groups.
preme Court Justice Oliver Wendell
According to the enthusiatic Mr.
The Concord Monitor, in an ad-
Holmes. another stickler for prece
Foley. if Judge Souter ran for public
miring editorial. noted that the
dent. The official said he took that to
office "he'd be a shoo-in - and peo-
nominee respects legal precedent:
mean Judge Souter would be reluc
ple would be running to get into the
"Souter is no Robert Bork." the
tant to overturn a previous decision
pictures with him. He's that re-
newspaper said. "It's far from cer-
such as Roe VS. Wade.
spected."
tain whether, for example, he would
Judge Souter was born in Mel
Chief Justice David A. Brock of
vote to overturn Roe VS. Wade."
rose. Mass.. and moved at age 11 to
the New Hampshire Supreme Court
The newspaper was referring to
the nearby community of Weare. A
said he was "extremely pleased and
the 1973 landmark Supreme Court
bachelor. he continues to live quietly
shared in the state's pride at Judge
decision that legalized abortion and
in the austere farmhouse in which he
Souter's selection for the high court.
to retired Judge Robert Bork. whose
was raised.
I know him as a scholarly, bright
nomination to the high court by
He went to school in Concord. and
and articulate exponent of his judi-
President Reagan failed to win con-
his high school vearbook describes
cial philosophy," said Judge Brock.
firmation.
who served for several years with
him as "very hard working and stu-
James Duggan. a professor at
dious and in constant demand."
WASHINGTON TIMES
7/25/90
Colleagues find Souter
non-political on bench
By Dawn M Wevrich
bers have said they plan to quiz Judge Souter
THE WASHINGTON MES
about his philosophy on abortion. and some
interest groups insist the nomination will turn
David Souter's short career on the federal
on that single question. The one case in which
bench makes it hard to predict how he will tip
he dealt with that issue, however, does not
the balance of the Supreme Court. but col-
reveal his position on Roe VS. Wade. the 1973
leagues call the nominee a "judge's judge"
Supreme Court ruling that recognized a fun-
who consistently refused to let politics en-
damental abortion right.
croach on the outcome of his decisions.
But because Judge Souter is a "strict con-
Judge Souter was appointed to the New
structionist" - one who interprets the Consti-
Hampshire Superior Court in 1978 by conser-
tution by the framers' intent - some spec-
vative Gov. Meldrim Thomson Jr. and ele-
ulate he might vote to overturn the decision.
vated to the state's Supreme Court five years
If the chance were to come before him and
later by another conservative. Gov. John
it involved what he believed to be a correct
Sununu. now White House chief of staff.
interpretation of the Constitution. the answer
"If I were a conservative. I'd say that was
would have to be yes, he would overturn Roe,"
a fairly good sign," st.id John Broderick, pres-
said Mr. Thomson. the former governor.
ident of the New Hampshire Bar Association
But other colleagues insist that Judge
and counsel for the state's Democratic Party.
Souter has high respect for prior decisions
"But to connect those dots to say he will carry
and might be loath to take such an extreme
out some conservative agenda on the court is
step.
to miss the man."
"He sees the law in an evolutionary mode.
Colleagues from New Hampshire's clan-
not a revolutionary mode," Mr. Broderick
nish legal community insist that Judge Souter
said. "He won't give the electric shock treat-
has no political agenda. But they agree that
ment to any precedent."
he is an adamant opponent of "judicial activ-
Mr. Merrill agreed: "If people think Souter
ism" - legislating from the bench.
is going to be easy to predict on these very
"Judge Souter might not have voted for a
troubling legal issues. they're wrong."
specific piece of legislation had he been in the
Mr. Broderick said Judge Souter's opinions
legislature." said former state Attorney Gen-
are likely to surprise those who attempt to
eral Stephen Merrill. who has argued cases
label him a true conservative.
before the nominee. "If it appeared in front of
"He will not cast his lot with the conserva-
him as bad law, he would criticize it for being
tives on the court merely bècause they re con-
bad law, but he would not strike it down if it
servatives." he said. "He's fiercely indepen-
were constitutional."
dent in his legal reasoning and he'll get there
Some Senate Judiciary Committee mem-
on his own. He has no constituency.'
Bush reveals high court nominee
Views differ
knowledged Monday that the evalua-
Judge Souter for a job in the after-
now after the court has built on it
non process was not as thorough as
the one Judge Sonter now will un-
ney general's office in 1972 that he
and decided a lot of cases on it, is a
on label for
dergo
"ought to be on the United States Su-
different question," Mr. Duggan said.
DALLAS MORNING NEWS
preme Court."
Mr. Souter. whom friends say is a
Judge Souter's close friend. Sen.
"He just had an intellect and an
Republican. has been appointed to
7/24/90
Warren Rudman. R-N.H., said the
nominee "cannot be categorized as
approach to the law that struck you
four legal and judicial jobs by two
federal jurist
as special." said Mr. Rath, who de-
Republican governors and Mr. Bush.
having an ideology in any way,
scribed himself as a close friend.
But he IS not viewed by intimates as
shape or form. and a reading of his
opinions would quickly indicate
Martin Gross. a Concord. N.H.,
actively political himself.
By Steve McGonigle
that."
lawyer. called his longtime colleague
Mr. Gross, a Democrat. sought to
Weshington of The Dellas Morning News
Cass Sunstein, a law professor at
"a man of integrity and unques-
dispel the notion that Judge Souter IS
WASHINGTON - President Bush
tioned legal ability."
a political appointee, although he is
the University of Chicago, said a
described U.S. Appellate Judge David
"He doesn't enter cases with any
close to Mr. Rudman and was ap-
computer study of legal journals
Souter as conservative Monday but
predetermined views. He believes
pointed to the state Supreme Court
shows that Judge Souter has not
likened his intellect and background
written a decision on abortion. the
that a judge should decide cases
by John Sununu, the former New
to that of William Brennan. the lib-
based on what's argued." Mr. Gross
Hampshire governor now serving as
issue that some interest groups deem
eral Supreme Court justice whom
said.
Mr. Bush's chief of staff.
crucial.
Judge Souter may succeed.
What is clearly evident about
James Duggan. head of New
"This is a man who has not had a
Judge Souter. the president and the
Hampshire's public defender pro-
political tie in his life," Mr. Gross
A lawyer in Judge Souter's home
state of New Hampshire offered an-
gram. said that Judge Souter tends to
said. "Each time he was named, we
judge's friends say, is that his intelli-
other comparison. He invoked the
gence and legal skills are excep-
view the law in strict, literal terms.
all breathed a sigh of relief."
image of former Justice Lewis Pow.
tional.
"He interprets rights as they are
Mr. Rath called Judge Souter
ell. a moderate who was often a key
Mr. Souter, 50. is a magna cum
written and interprets the powers of
"apolitical."
swing vote on issues such as abor-
laude graduate of Harvard College
government as they are written." Mr.
Mr. Rudman said his longtime
tion and civil rights.
Duggan said.
friend and former chief deputy
and also received his law degree
Time will tell which, if either,
Although Judge Souter once par-
when he was New Hampshire's attor-
from Harvard University Law
portrayal fits Judge Souter.
School. Before starting his legal stud-
ticipated in an abortion-related deci-
ney general most likes reading and
His name and legal opinions are
sion while on the New Hampshire
mountain-climbing.
les, he was a Rhodes Scholar at Ox-
not well-known outside the North-
ford University in England
Supreme Court, Mr. Duggan said he
"Dave and I rarely discuss politics
east, where he served as a state trial
Accolades for his knowledge
could not predict how Judge Souter
because he doesn't know much about
and appellate judge for 12 years.
would vote on abortion while on the
politics." Mr. Rudman said. "We talk
come in shades of brilliance.
Mr. Brennan, who resigned Fri-
Supreme Court.
about other things."
The president called his nominee
day because of ill health. was a New
"a remarkable judge of keen intellect
The 1986 decision - in which
The senator said he did not know
Jersey Supreme Court justice when
and the highest ability. one whose
Judge Souter wrote a concurring
Judge Souter's view of the 1973 Roe
President Dwight Eisenhower tapped
scholarly commitment to the law
opinion ruled that the parents of a
decision, which ruled that women
him for the high court in 1956. Mr.
and whose wealth of experience
child born with multiple birth de-
had a constitutional right to privacy
Brennan went on to become the
in making the decision to terminate
mark him of the first rank."
fects could sue a doctor because he
court's leading liberal and a source
Mr. Bush said he decided to nomi-
did not counsel them about abortion.
a pregnancy in its early stages.
of frustration to five Republican
nate Judge Souter after meeting and
basis of Roe VS. Wade. the New Hamp-
Paul Rothstein, a Georgetown
presidents.
talking with him Monday for the
shire court noted that the Supreme
University law professor who at-
President Bush named Judge
first time. They did not discuss abor-
Court had found that a woman "has a
tended Oxford University with
Souter to the 1st U.S. Circuit Court of
tion or any other legal issue. the
constitutionally secured right to ter-
Judge Souter in the early 1960s.
Appeals in Boston in April. and he
president insisted to reporters
minate a pregnancy."
praised him as a "very, very sound
was confirmed unanimously by the
Tom Rath, a former New Hamp-
Judge Souter. in his concurrence,
lawyer with a lot of judicial experi-
Senate. However. several senators ac-
ence."
shire attorney general, said he told
wondered what the ruling's impact
Please see COLLEAGUES on Page 11A.
his wife after being interviewed by
would be on doctors who oppose
"Based on legal skills, this man is
abortion but were bound to advise
a first-rate lawyer and will make a
patients about it.
first-rate judge,' Mr Rothstein said.
"I think he would have dissented
from Roe VS. Wade. but whether he
would be prepared to overrule It
WASHINGTON TIMES
7/25/90
Souter endorsed
of those arrested during the Sea-
brook demonstrations had been de-
tained in nearby armories rather
than being booked and released. Mr.
the death penalty
Souter testified that the demonstra-
tors had expected to be locked up.
They thought the state of New
Hampshire was not going to do a
damn thing with them." Mr. Souter
By Jerry Seper
more subtle effect" than life impris-
THE WASHINGTON TIMES
onment or other long-term incarcer-
said. They got a good deal more
than they bargained for."
ation.
CONCORD. N.H. Supreme
Mr. Souter. who was appointed to
Other positions Mr. Souter took
Court nominee David H. Souter. who
the New Hampshire Superior Court
when he served as attorney general
has avoided public comment on con-
in 1978. told the committee that sta-
included opposition to the construc-
troversial issues since his appoint
tisties had proved that the death pen-
tion of Seabrook over thermal dis-
ment a dozen years ago as a judge.
alty served as a deterrent to murder.
charges and opposition to gambling.
had well-known positions when he
His views on civil disobedience
'He would devote SO much
served as a state prosecutor. records
surfaced in June 1977. when he tes-
thought to what the state of New
show.
tified before the state Senate Fi-
Hampshire should do." said Richard
In fact, during his tenure as New
nance Committee that anti-nuclear
McNamara. whom Mr. Souter hired
Hampshire's attorney general be-
protesters at the Seabrook nuclear
as a prosecutor straight out of law
tween 1976 and 1978. Mr. Souter en-
plant had made a "farce" of the crim-
school. "He inculcated in young
dorsed the death penalty and took a
mel justice system. according to the
prosecutors a sense of fairness."
firm stand against civil disobedi
records.
Rep. Thomas Gage, who chairs
ence.
As attorney general. Mr. Souter
the state House Judiciary Commit-
His death penalty stand came
told the committee he planned to
tee. said his dealings with Mr. Souter
during an April 1977 appearance be-
strictly enforce civil disobedience
led him to think of him as a conserva-
fore the state House Judiciary Com-
laws and vowed to vigorously pros-
live "with a little C."
mittee in New Hampshire when. as
ecute those who violated them.
I think conservative is a good
attorney general. Mr. Souter testi-
word for him in that he has taken an
Mr. Souter prosecuted the cases
fied that he favored the death pen-
approach in his style and his demea-
against the demonstrators himself.
alty in some cases of first-degree
nor and his judicial conduct that is
It was unusual." said Al Casassa.
murder. the records show.
conservative." he said. "He strikes
who served as the Hampton District
"For a certain. limited class of
one as a very gray pin-striped sort of
Court judge for eight years. 1 think
a guy,
crime, I do not believe life imprison-
it was the only time in my period in
People who admire brilliance
ment is sufficient penalty." Mr.
court that he or any attorney general
Souter told committee members.
will be very impressed with this
came down there."
Mr. Souter. who had served as
man." he said. "He has tremendous
"He was extremely thorough." re-
deputy attorney general from 1971
respect in the legal community as an
members Mr. Casassa. now a lawyer
to his appointment as attorney gen-
in private practice.
attorney general and as a judge as
well."
eral in 1976. testified that capital
When questioned by Finance
Juy Mallin in Washington con-
punishment as a deterrent thas a lot
Committee members on why many
tributed to this report.
THE WASHINGTON POST, FRIDAY, JULY 27, 1990
A27
The Next Three
David S. Broder
Court Nominees
Despite the animbles from the political ex-
now hangs on the success of his budget summit
tremes. President Busn's appointment of Judge
with Congress. Bush has paid a significant
Pavid H Souter (1) the Supreme Court has every
political price by abandoning his "no-new-
aducation Rung 1 superb choice-both sub-
taxes" pledge in order to keep the Democrats
cantively and politically.
negotiating. He needs to get a return on that
What the country should care about is that the
investment-a credible deficit-reduction
New Hampshire jurist-by the unanimous testi-
agreement that will allow the Federal Reserve
mony of those who know hum-brings a power-
to cut interest rates and help revive a faltering
superbly trained legal intellect. disciplined
economy.
* habits and genuine independence of judg-
The urgency of that agreement is underlined
went to the issues before the high court.
by the new Washington Post-ABC News poll's
The poutroal finesse of Bush first Supreme
finding that nearly three out of five Americans
Court appointment 'S underlined by the array of
think the economy is worsening, and more
attractive options now open to him for those who
disapprove than approve Bush's leadership on
may follow Souter. After naming an easuy con-
economic issues. Collapse of the budget talks
Frmable conservative who shares his own New
would damage Bush politically and quite possibly
England. Yankee. WASP heritage to replace
tip the economy into recession.
The negotiations are arduous already, and
the venom of an ideological battle over a
Bush can play ethnic
Supreme Court nomination would inevitably
poison the chances of the budget summit
and ideological politics
accomplishing its objective.
The second reason Bush did not want a
with subsequent
pitched battle now over a clearly ideological
appointee IS the imminence of the midterm
Supreme Court choices.
elections. Republican chances of making gains
in the Senate depend heavily on states such as
Illinois and Rhode Island, where Republican
Associate Justice William J. Brennan. Bush has
women challengers are supporters of abortion
out lumseif into a position where he can play
rights, and Iowa, where the Democratic incum-
tough but rewarding ethnic and ideological poli-
bent is trying to turn the election into a
ues with subsequent Supreme Court choices.
single-issue referendum on his challenger's
The tip-off to the long-term strategy came in
anti-abortion views.
the eagerness with which White House officials
The last thing Bush wanted to do was to
aided reporters in learning the identities of
send up a Supreme Court nominee who would
those who they said were highest on the list of
provoke a lengthy confirmation fight centered
also-rans. They were, in the White House's
on the abortion issue.
publicized order of preference, Circuit Court
None of these considerations would apply in
Judges Edith H. Jones. a Texan and a woman;
1991, should the opportunity for other appoint-
Clarence Thomas. a black; and Laurence H.
ments arise. Bush might well find it useful then
Silberman. a Jew-all clearly in the conserva-
to nail down his conservative base by making a
tive camp.
more ideological court appointment, just as he
A Democratic political consultant who looked
courted the religious right in pre-election 1987
at the list remarked, "They've got perfect
with a series of speeches and gestures.
positioning if they want to pick our coalition
A pitched battle in the Senate in 1991 would
apart." What he meant was that if Bush gets the
be a win-win proposition for Bush: Even if the
opportunity to make additional Supreme Court
liberais defeated his nominee, he would have
appointments before 1992. he can force the
made his point and could come back with a less
Democrats either to acquiesce in moving the
controversial conservative.
high court much farther to the right or to pay an
That is why the three names are so intrigu-
exceptionally high political price by challenging
ing. If Sandra Day O'Connor were to retire,
nominees from important constituencies.
Democrats opposing Judge Jones would find
Talking about the politics of the court ap-
themselves opposing a female and a southerner
pointments in such bald terms may seem offen-
on a court that has had only one woman and no
sive, especially when Bush just has acknowl-
one from Dixie in recent years.
edged a president's overriding obligation to give
If Thurgood Marshall were the retiree, how
the greatest weight to the quality of the nominee
would Democrats feel about blocking Judge
for the high tribunal. But it would be fatuous to
Thomas and making the court all-white again?
pretend that the political environment was not
And if Silberman were the choice, how many
part of this choice. Bush did not want-and
Democrats would be eager to oppose the first
could not afford-a Robert Bork-like confronta-
jew on the court since Abe Fortas?
tion with the Democratic Senate at this moment.
You can see why White House political
The most important reason IS that so much
operatives like the setup.
THE WALL STREET JOURNAL
7/25/90
David Souter, Bush's UnBorkable Nominee
stery nonimee David Senter.
the Constitution the rug.lt reading It often
criminal liability A statute regulating
-s VPI .1 high-stakes test of the
deserves but rarely gets from judges more
sald THE state conld int PXI tude them from
commitments of dangerous defendants 101-
philosophy that what counts IS not
Pager to add their footprints to the head of
working III day-care centers.
lowing findings of insanity does not deal
and who loses In cases but new
.1 jurisprudential pin.
So if a fight develops against Judge
with criminal offenses and. by definition.
play the game His Pmpty file
Crall libertarians and separation-of-
Souter. It probably won he the smear and
could not do so.' he wrote. Therefore. the
not button legal issues should make
powers cognoscenti will also be cheered by
PX post facto clause does not apply.
misrepresentation campaign that worked
interence (11 anyone SO long as he
this opinion. Judge Souter chastised a
These cases help explain proprie-
su well against Robert Bork. The lobbyists
passes the litmus test of reasoning by law
magistrate in the case who had advised the
instead might have to debate the role of
ties aside-the Bush administration does
and not by politics.
police that evidence would be suppressed If
judges. We already hear liberal voices
not need to ask potential nominees their
review of Judge Souter's New Hamp-
they denied one of the arrested defendants
testing the waters by dismissing the dis.
VIPWS on substantive issues. Put It this
opinions suggests he IS a practi-
his request to make d phone call. Judge
way: If you have to ask a nominee his
tinction between judges interpreting the
of massic judicial restraint. He does
Souter wrote that "legal advice to police
law and legislating from the bench as noth.
VIPWS after analyzing his opinions. you
ing but a "cliche.
officers ought to come from city or county
probably shouldn't nominate him. It IS
Rule of Law
attorneys or from the attorney general's
highly unlikely that a judge who will parse
Anyone tempted to push this notion
office. not from judges. Giving advice
the PX post facto prohibition to distinguish
might think twice. For one thing. It IS .1
places neutrality at risk. with potentially
By L. Gordon Crovitz
between criminal defendants and the crim-
problem for liberals to dismiss the exis-
appailing consequences.' He warned that
inally insane would then fail to take seri-
tence of judicial activism even as they
'all ni us in the judiciary should take care
ously other statutes
erect monuments to its champion. William
to avoid occasions for any more litigation
or the Constitution.
Brennan. Justice Brennan had to ignore
not legislate from the bench or make up
about judicial detachment.'
It's worth noting
whole tracts of the Constitution to find a
new parts of the Constitution. Indeed. SNV-
Judge Souter also criticized judges for
that
litmus-test
prohibition on the death penalty.
end of his cases feature what might be
adopting multipronge: balancing tests as a
questions on sub-
If liberal Senators defeat a judicial
called a Thrifty Yankee view of the Consti-
hidden way of creating new legal rules.
stantive issues were
nominee because he believes too strongly
tutton. Use It sparingly.
The straightforward question in City of
put to judicial candi-
III judicial restraint. they legitimize activ-
Souter S supporters one case
Din 1. Imperial Casualty & Indemnity
dates during the
ist judging at their peril. After all. most
IfI particular to show the importance of
1990 was whether the city was immune
Carter administra-
federal judges were appointed by Presi-
.1 mdge reaches his decision.
from liability when a woman slipped on a
tion. This makes
dent Reagan or Bush. No one has seen a
Humbshire Valenzuela 1987 was a
public sidewalk. Somehow this tort case
sense. It IS obviously
right-wing activist judge in many decades.
FIR of the-mill appeal by drug dealers
led to a majority opinion on the wrinkles of
important to know
but a new breed IS possible to imagine.
wht with h5 pounds of cocaine. almost d
the Constitution's equal protection clause.
the policy views of
Such d judge might ignore the 16th Amend-
:0% marijaana and weapons. The defen-
III Ins dissent. Judge Souter warned that
an activist judge
ment in order to invalidate income taxes
Mids to invoke the exclusionary rule
the court's "middle-tier equal protection
whose legal method-
or dismiss the Clean Air Act as patently ir.
suppress the evidence.
serutiny
and accompanying questions
ology could well be
David Souter
rational and refuse to hold defendants lia.
The police had used what's called a pen
as VPI unanswered will provide fodder for
determined by the result to be reached.
ble.
register (n record the telephone numbers
a good many opinions."
President Bush may well have found an
More likely. Judge Souter will become
mated by one of the drug dealers. To the
Judge Souter's dissent in New Hamp-
imBorkable nominee. Judge Souter has ap-
Justice Souter in time for the next term of
defendants argument that this was an un-
shire 1'. Ballon 1984 IS strict construction-
parently never written a law-review article
the Supreme Court. His close analysis of
reasonable search. Judge Souter did not
ism at work. The state extended the period
or given a memorable speech. The liberal
statutes and the Constitution will put him
White III to make new search-and-seizure
of new committals to mental hospitals for
lobbyists will have a hard time making
in the conservative camp of justices. His
how Instead. he ruled that unlike a wiretap
riminal defendants who plead guilty by
much of his opinions likeliest to attract
willingness to ask whether all issues are
attat ming this device to a subscriber's tele-
reason of insanity. Recommittals would
their attention. He has written on abortion.
necessarily legal issues could help nudge
phone line was not a search at all.
last five years instead of two years. The
but in a medical malpractice case and only
the court back to its more modest practice
H- dismissed the view that "any effort
defendant claimed this violated the pro-
to say that doctors don't have to perform
of avoiding essentially political cases. It IS
to gather evidence should be treated as a
libition against ex post facto laws for the
abortions themselves when they advise pa-
a tribute to the influence of Justice Bren-
search. Otherwise. he reasoned. the po-
punishment of criminal offenses.
tients that there may be a birth defect: In
nan that even his replacement by David
her would also have to get a warrant be-
But Judge Souter noted that the insanity
another case. he was part of a court that
Souter would mean only that the new can.
for they could use information given to an
plea IS not an admission of a crime. In-
ruled New Hampshire could prohibit homo-
servative intellectual jurisprudence will be
agent or informer. Judge Souter thus gave
stead. the purpose of the plea IS to avoid
sexuals from adopting children. but also
off to a healthy infancy.
Ascetic at Home but Vigorous on Bench
By DAVID MARGOLICK
New York Times 7/25/90
Special 10 The New York Times
I'm disappointed that Brennan is
WEARE, N.H., July 24 - Whenever
Neighbors like Martha Knox and
leaving, but Bush could have done a
lawyers assess a candidate for the
Nellie Perrigo, as well as college
lot worse," Mr. Duggan said. "Souter
United States Supreme Court, they
classmates from his days at Harvard
is not a blind right-wing law-and-or-
generally make comparisons to
30 years ago, describe him as courte-
der judge. On the other hand, he's not
known judicial quantities. That is how
ous, loyal, unaffected and upright.
gomg to cut any breaks for criminal
the lawyers of New Hampshire are
defendants."
"He isn't stuck up, doesn't put on
describing Judge David H. Souter,
Mr. Gross agreed. 'David places a
any airs and is very down to earth,"
whom they have followed from pri-
much stronger value on society's
said Howard Ineson, who lives a mile
need to protect itself than most civil
vate practice in Concord to the State
up Sugar Hill Road from the judge
libertarians would like," he said.
Attorney General's office to the state
and has known him and his family for
"What they'd better be rejoicing
and Federal bench.
40 years. "They're going to have to
about IS that they didn't get another
Some see in Judge Souter the quirk-
work very hard to find any blem-
right-wing nut. This is a guy who lis-
iness of Justice John Paul Stevens.
ishes."
tens intently to what litigants have to
Others see the intellectual rigor of
On the New Hampshire Supreme
say."
Justice Antonin Scalia, or the prag-
Court, where unanimity is common-
matic conservatism of Justice Lewis
Bruce E. Friedman, director of the
F. Powell Jr. And almost everyone
place and whose spectrum runs less
civil practice clinic at the Franklin
reaches all the way back to the 1930's
from liberal to conservative than
Pierce Law Center in Concord, was
for a Justice of Judge Souter's ascetic
from humanistic to hyper-logical,
less enthusiastic. "He's smart and
style and monastic personal life:
lawyers here say Judge Souter IS at
diligent," Mr. Friedman said, but I
Benjamin N. Cardozo.
the far edge of the latter.
don't think he will be a general in the
If there are any qualms at all about
war for a kinder, gentler America,"
The one Justice to whom he is
For the past day, New Hampshire
never compared here, either in tem-
Judge Souter. It is a quiet concern
residents have experienced a surge of
perament or judicial philosophy, is
over his circumscribed way of life. As
pride as they did when two other New
the one he would replace: William J.
a young man he was briefly engaged
Hampshire natives. Alan Shepard
Brennan Jr.
to the daughter of a State Superior
and Christa McAuliffe, were selected
Cottage Cheese and an Apple
Court justice. but he never married,
for the space program. New Hamp-
and even his admirers wonder
shire has not had a Supreme Court
In this green and pleasant state,
whether his solitary style has limited
Justice It could call its own since Har-
where lawyers number just 3,500 and
his empathy or level of human under-
lan Fiske Stone, in the 1940's. In Con-
State Supreme Court justices just
standing.
cord, WKXL radio's "Party Line"
five rather than the usual seven or
Almost no one here purports really
program, originally set aside for
nine. even someone as reclusive as
to understand the small, buttoned-
phone calls about big-band music, de-
Judge Souter cannot remain a remote
voted today's show to Judge Souter,
down figure who stood by awkwardly
whom the moderator described as
Olympian figure.
as President Bush nominated him to
Lawyers here can tell you what
"squeakier than squeaky clean."
the-nation's highest Court on Monday.
kind of cars he drives (and drives and
Even by the laconic standards of this
drives): cheap subcompacts, most
community, he is known for his reti-
The Student
recently a 1987 Volkswagen Golf.
cence.
They can tell you what he undeviat-
Few, including his fellow judges,
ingly eats for lunch every day (cot-
have ever been inside his house, with
Formal, Reserved,
tage cheese and an apple); what he
its peeling paint, sagging porch. and
wears (his black judge's robe was
lawn clogged with clover and Queen
Intensely Private
said to add color to his attire), and
Anne's lace. Those who have say it is
filled with books. By all accounts, he
Judge Souter, an only child, moved
how and where he lives (alone, in a
is much more interested in Tennyson
here with his parents at the age of 11.
weatherbeaten farmhouse in this
than tennis, though he likes hiking in
His father, Joseph, was an official at
southern New Hampshire town nine
the White Mountains as much as ei-
the New Hampshire Savings Bank in
miles from the Supreme Court where
ther.
Concord.
he sat for seven years).
The Judge
The younger Souter was a diligent
They know he is intermittently and
student, whose only brush with juve-
nile delinquency, as one story has it,
selectively gregarious, a good story-
teller who displays a dry New Eng-
Independence
came when he was kicked out of the
New Hampshire Historical Society
land wit to those who really get to
And Hard Work
for loitering after hours. At Concord
know him. He is said to do a splendid
High School where he was voted
imitation of former Gov. Meldrim
"most literary," "most sophisticat-
Thomson Jr., who named him Attor-
But Judge Souter's reticence vani-
ed" and "most likely to succeed."
shes behind the bench. He is credited
ney General, and to tell great tales
The high school yearbook described
with bringing a new level of fire and
about Senator Warren Rudman, the
him as "witty and in constant de-
vigor to the once-sleepy oral argu-
New Hampshire Republican who is
mand" and said he enjoyed "giving
ments that long characterized the
his long-term political mentor and
and attending scandalous parties."
court. He is also widely praised for
Mr. Souter entered Harvard in 1957.
sponsor.
his hard work, dedication, intellectual
From 1961 to 1963 he attended Oxford
Outside the courtroom, they say, he
acuity and independence. "Souter
University on a Rhodes Scholarship,
can cast aside judicial rigor for a
does not carry this huge cargo of
studying law and philosophy. He then
ideological precommitments that
measure of personal warmth. Each
moved to Harvard Law School, where
seems to have been a qualification for
he did well but did not make the Law
Sunday he walks the same elderly
everyone who's been appointed to the
Review.
woman home from St. Andrew's
Supreme Court for the last 10 years,"
When he graduated from Harvard
Episcopal Church in Hopkinton,
said Martin L. Gross. a lawyer in Con-
College in 1961, several classmates
where he is a vestryman, and each
cord.
came up with the perfect idea for a
Sunday he visits his mother at a Con-
James E. Duggan, a professor at
gift: a scrapbook filled with imagi-
Franklin Pierce Law Center in Con-
cord nursing home each Sunday. He
nary news stories about the blazing
cord who has often argued before
offered money to help rebuild a
career everyone foresaw for him. In
him. described Judge Souter as "very
friend's barn after it burned down.
the book, someone pasted the head-
conservative, but with a streak of
line "David Souter Nominated to the
Yankee independence that makes
Supreme Court."
him somewhat unpredictable."
'Mr. Justice Souter'
Pg.
NEW YORK TIMES 7/25/90
It was a joke that said much about
At Oxford, Mr. Souter was very pa-
his classmates' affection for him, and
Rudman's tutelage. "They were the
triotic, deeply offended at anti-Amer-
about his single-mindedness. "All
two sides of a perfect public person:
ican remarks, Dr. Levine said, add-
David ever wanted to be was a
Warren Rudman was gregarious and
ing: "He's always wanted to be a de-
judge," said the Rev. John L.
great on his feet, and David Souter
fender of America and American
McCausland, an Episcopal minister
more thoughtful, careful." said
values. That's why he went into law."
who was one of his closest friends at
Charles Leahy of Concord. a friend of
Harvard College and Harvard Law
Influence of an Aunt
Judge Souter's. "It was a chemical.
School. He said Mr. Souter's friends
intellectual and emotional match."
Mr. Souter was profoundly influ-
used to call him "Mr. Justice Souter."
In 1976 Governor Thomson named
enced by an aunt, Harriet Bartlett.
But just three weeks ago, when Mr.
Mr. Souter Attorney General. and
who was a pioneer in medical social
McCausland called Judge Souter to
during his two-year stint he took sev-
work. "She had a combination of
congratulate him on being confirmed
eral controversial stands, often at
being politically and socially conser-
to an appellate court seat in Boston
vative, but she fulfilled liberal
Mr. Thomson's behest. He urged. for
instance, that demonstrators ar-
and jokingly asked if this would just
causes," Dr. Levine said.
rested at the Seabrook nuclear power
be a steppingstone to the Supreme
Dr. Levine said he thought Mr.
Court, he said the judge replied: "No.
Souter had modeled himself on her.
plant be given more than suspended.
sentences. He also argued. unsuccess-
There's no chance I'll be nominated.
and added that she might be the
fully. that It was constitutionally per-
because I come from a politically in-
source of his interest in medicine and
missible to fly the American flag at
significant state."
hospitals: for 13 years he served as a
half staff on Good Friday and that
As an undergraduate, Mr. Souter
trustee of Concord Hospital in New
New Hampshire could force residents
was fascinated by Justice Oliver
Hampshire, 6 of them as president.
to use "Live Free or Die" license
Wendell Holmes. and though he ma-
Mr. Souter's old friends took a turn
plates on their cars.
jored in philosophy, he wrote his sen-
at guessing what kind of Supreme
Mr. Thomson named him to the Su-
for honors thesis about Holmes's judi-
Court Justice he might be. Mr.
perior Court in 1978. Five years later
cial positivism. Mr. McCausland re-
McCausland. who was a lawyer in
his successor. Gov. John H. Sununu.
called an evening meeting at Lowell
Chicago before he became a minister,
elevated him to the Supreme Court to
House at which Mr. Souter read his
predicted that his friend would be
replace Maurice Bois, who had re-
thesis. "It was very technical and
"very conservative as a Justice. but
tired. "I think when I'm old and gray,
erudite." Mr. McCausland said, but
my feeling IS he is the kind of conser-
people will say 'This is one of the
what struck him was that it examined
vative who can fool the people who
greatest things you did as Gover-
Holmes's belief that a judge should
appointed him."
nor, Mr. Sununu said at Judge Sout-
not act out of political persuasion. or
"He's extraordinarily honorable
er's swearing-in ceremony.
ideology.
and thoughtful and intelligent." Mr.
Over the next seven years. he be-
A Book of Common Prayer
McCausland added. "He would be
came known for writing forceful but
Mr. Souter's father was a loan offi-
technically conservative, but not
increasingly long and complex opin-
cer in a savings bank in Concord. N.H.
ideologically conservative, not like a
ions. "He has a tendency to disclose
The family didn't have a lot of money.
Scalia.
compulsively every twist and turn in
Mr. McCausland said. and so David
"He might well continue to be a
his reasoning," Mr. Gross said. It is
swing vote. He is not a crusader for
an odd fate for someone who, as At-
Souter went to Concord High School,
any cause."
torney General, handed out copies of
not to a prep school.
Mr. Souter was deeply religious,
Strunk and White's manual on Eng-
Mr. McCausland and other longtime
Dr. Levine also said he thought
lish usage to lawyers working for
friends recalled. The Episcopal priest
Judge Souter might prove to be a sur-
him.
said he was amused by Judge Sout-
prise on the Court. "I've always be-
lieved he is more liberal than he al-
er's preference for the 1928 Episcopal
prayer book, rather than the updated
lows in public," he said. "He is very
1970's book, which dropped the use of
conservative, but part of that is pre-
words like thee and thou.
serving an image of old American
David Eisenberg, another Harvard
values. On the humanistic side, he is
classmate who was a Rhodes scholar
very compassionate."
with Mr. Souter, recalled that Mr.
Souter was one of the few Rhodes
scholars who attended chapel and
The Legal Mind
took communion.
Professor Eisenberg, who teaches
Conservative,
molecular biology at the University
of California at Los Angeles, recalled
But What Else?
Mr. Souter as somewhat reclusive
and bookish. "At every break, the
rest of us would take off for the conti-
nent, to get away from the English
After law school, Mr. Souter re-
cold and to explore," he said. "But
turned to Concord, a move that sur-
David always just stayed at Oxford."
prised some who had expected him to
Like other friends, Mr. Eisenberg
settle in a more distant and exotic
described Judge Souter as "an excel-
place. He joined the Concord law firm
lent conversationalist, great fun to
Orr & Reno, where he spent two un-
have dinner with, but formal, re-
happy years. In 1971 he became a
served and intensely private."
Deputy State Attorney General.
He added, "I think he is rather an
He remained in that office for the
old-fashioned kind of person, with
next 12 years, much of it under Mr.
strong values and principles."
Other old friends used similar
terms. Dr. Melvin Levine, another
former Rhodes scholar, said Mr.
Souter, his close friend at Oxford, was
"in the 18th-century mold." He has
"magnificent handwriting that looks
like calligraphy," and is courtly and
unfailingly polite, said Dr. Levine,
who is now a professor of pediatrics
at the University of North Carolina
Medical School in Chapel Hill.
THE NEW YORK TIMES, FRIDAY, JULY 27, 1990
ABRCAD AT HOME
Anthony Lewis
He was respectful of the past He
natieved in stare decises. the principle
that precedent should ordinarily be
followed, and he accepted rules. once
Models
established. from which he had
earlier dissented. But his mind was
open to fresh applications of the Con-
stitution to meet new threats.
For a
When the Supreme Court first con-
sidered a Connecticut law against the
use of contraceptives, in 1961. Justice
Justice
Harlan saw the-law as a violation of
the liberty guaranteed by the 14th
Amendment. The state, he said. was
introding on "the most intimate de-
talls of the marital relation with the
S
enator Warren Rudman of New
full power of the criminal law."
Hampshire was asked the other
Justice Harlan had been a Wall
day whether Judge David
Street lawyer. and he was a thorough
Souter especially admired any past
gentleman. But he had the rare em-
members of the Supreme Court.
pathic ability to see issues from the
Senator Rudman said he thought the
viewpoint of others with different
Souter favorites were Justices Oliver
backgrounds and different premises.
Wendell Holmes Jr and John Mar.
LA 1971. during the Viemam War.
shall Harlan the younger
the Court considered the case of a
If that IS so - and as a close friend
young man convicted of disturbing
Senator Rudman should know - It IS
the geace when he wore a sweatshirt
an extremely interesting answer It
bearing an obscenity against the
does not tell what everyone in wasn-
draft Justice Harlan would no doubt
ington IS panting to know how Judge
have been outraged. personally. at
Souter would vote on this issue or that
such behavior. But he wrote the opin-
as a member of the Court But It gives
ion reversing the conviction.
intriguing insight into how he may
see the job.
The constitutional right of free ex-
Justice Holmes. who served from
pression IS powerful medicine in a
1902 to 1932, generally believed in
society as diverse and populous as
judicial deference to legislative
ours,' he said.
choices. When the Court tried to stop
""It IS designed and intended to re-
economic reforms. for example when
move governmental restraints from
it held restrictions on child labor un-
the ena of public discussion. putting
constitutional. he wrote eloquent dis-
chadecision as to what views shall be
sents. He thought that democracy
voiced largely into the hands of each
meant that majorities must usually
of us. in the hope that use of such free-
have their way - but not when It
dom will ultimately produce a more
came to freedom of speech.
capable citizenry and more perfect
"If there IS any principle of the Con-
polity and in the belief that no other
stitution that more imperatively calls
approach would comport with the
for attachment than any other."
premise of individual dignity and
Holmes wrote in 1929, "II IS the princi-
choice upon which our political sys-
me of free thought - not free thought
tem rests."
for those who agree with us but free-
Judge Souter IS described as a con-
dom for the thought that we hate.
servative. But indications are that he
He was dissenting there from a deci-
comes to this great appointment with
sion that denied American citizenship
nondeological agenda: no list of legal
to a woman because she was a pacifist
wrongs he IS determined to right.
and said she would not bear arms to
in Washington both conservatives
defend the Constitution. A later Court
and liberais seem discontented with
overruled the decision and came to
that They want to make him register
Holmes's view of free speech.
has. votes in advance: for a constitu-
Justice Harlan served from 1955 to
tional right to abortion or against, for
1971. For many of us who knew the
affirmative action or against. I think
thests a terrible idea.
Requiring a nominee to fill out a
Harlan and
scorecard on particular issues would
be contemptuous of the Court and of
the judicial process. It would tell a
Holmes may
judge that he must make up his mind
before hearing the facts and argu-
shape Judge
ments in a particular case. It would
reduce the Supreme Court to sheer
Souter's
politics and wound an institution on
which all of us ultimately depend for
approach.
our freedom.
Court in that period, he is a model of
what 3 Supreme Court justice should
be. That IS not because he reached re-
swits that always pleased us - far
from It - but because of his crafts-
manship and the way he committed
himself to deciding cases.
He had no agenda. He did not go
into a case with certainty about how It
should come out. He struggled to be
disinterested. That did not mean un-
concerned: he cared deeply. It meant
that he tried genuinely to understand
both sides of the argument.
THE WASHINGTON POST
7/26/90
MARY McGRORY
Nice Guy With Powerful Friends
he nouns about Judge David H.
Bush announced the choice. Rudman
T
Souter are sparse: Yankee.
took the shocked nominee to the Senate
bacheior. intellectual. Phi Beta
Dining Room for supper and put him up
Kappa. Rhodes scholar.
in his Capitol Hill apartment.
mountain-climber. skinflint.
Rudman has pushed Souter since
The adjectives are somewhat more
1977. when the 1968 Harvard law
promising: shy, brilliant. thoughtful.
graduate came to then-New Hampshire
considerate. witty, pleasant. measured.
attorney general Rudman and dazzied the
courteous.
boss with his prose-"scintillating,
Hordes of reporters are climbing
magnetic. revealing." He made Souter
through the lovely hills of New
his deputy. When Rudman moved on.
Hampshire in search of the man.
then-Gov. Meldrin Thomson made
Here. two questions hover. Who got
Souter attorney general.
him the job? And should he be required to
In 1983. Rudman told the newly
tell his views on questions of the day?
elected governor. Sununu, that the only
The importunate White House Chief
thing he wanted for his help was a seat
of Staff John H. Sununu is taking bows
on the Supreme Court for Souter.
for the appointment and signaling to the
Rudman IS expected to shepherd
right wing that they need have no fears.
Souter's nomination safely
On the other hand. Sen. Warren G.
through-while Sununu continues to
Rudman (R-N.H.) is saying. "He's my
wink at the right and assure them that
guy. Sununu being chief of staff of the
the justice-designate will not be a
White House helped make it happen,
"judicial activist"-a term that means
but I spotted Souter 20 years ago and
he won't hand down decisions that will
I'm the one who promoted him."
upset Newt Gingrich (R-Ga.).
The question of his sponsorship
The administration is acting as if it
matters in the Senate. Most of the
would be unthinkable for anyone to ask
members assumed that Sununu was the
Souter his views on burning social
driving force behind the choice, since
questions, such as abortion. The
Souter and Sununu are both from New
president. when asked if he had asked
Hampshire and the chief of staff has
Souter how he felt about Roe 0 Wade
assumed control of so many aspects of
said, in effect. of course not, you cur.
White House activity.
The president's men are hinting that
Sununu is controversial on Capitol Hill.
it is unconstitutional to raise the issues
It is not just his militant conservatism
with a man who could decide how they
that raise hackles; it is the suspicion that
will be dealt with for the next 30 years.
the co-presidency that was briefly floated
The usually uninhibited Howard M.
at the 1976 GOP convention, when
Metzenbaum (D-Ohio), of the Judiciary
Gerald R. Ford considered picking
Committee, said he thought it would be
Ronald Reagan, has come to pass.
"inappropriate" to inquire.
Sununu's fingerprints are on the levers
Some people are saying that Bush
from Moscow to Massachusetts.
pulled a fast one by naming a cipher with
Sen. Dale Bumpers (D-Ark.) spoke for
no written opinions. That is a minority
just about everybody when he told the
view. Senators can, if they want to, hear
Arkansas Gazette last weekend that he
raves about Souter from Democrats such
thought Sununu "would probably get his
as Paul McEachern. who was twice
way" in Bush's first Supreme Court pick.
defeated for governor by Sununu and
But Rudman, a popular, pragmatic
regards Souter as "an honorable man"
middle-of-the-road second-termer, says
who appears in court so prepared, other
he proposed Souter long before Sununu
judges listen to his every word.
ever thought of him. In 1987, he told
Gerald L. Baliles, a former
Howard Baker. then the White House
Democratic governor of Virginia, also is
chief of staff, that Souter was Supreme
a fan. He and Souter worked together
Court caliber. Reagan chose Anthony
as deputy attorney generals on Atlantic
M. Kennedy instead. In 1990, Souter.
seaboard questions. Baliles found him to
with a push from Rudman. was
be "without a trace of ideology."
unanimously confirmed for the 1st
Even Renny Cushing, a veteran of the
Circuit Court of Appeals.
Clamshell Alliance who was arrested in
Last Sunday, when Souter was
Seabrook demonstrations and sent to jail
summoned to the White House. he
at Souter's insistence, thinks well of him.
called Rudman. The senator picked him
The judge in the case suspended
up, drove him to the airport, gave him
sentences but Souter. as the attorney
cash, gave him advice: "When you talk
general. dashed to court and begged for-
to Bush. give him those legal
jail time for the protesters. Souter, says
pyrotechnics of yours." Monday after
Cushing, is "basically a nice person."