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Justice David Souter - Talking Points
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Justice David Souter - Talking Points
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98-0206-F FOIA MARKER This is not a textual record. This is used as an administrative marker by the George Bush Presidential Library Staff. Folder Title: Justice David Souter - Talking Points Original OA/ID Number: 03161 ID Position: Subject File Document ID: Row: Section: Shelf: Position: Stack: 18 15 3 3G DZ comments 4th I is a strick Delete constructionist. Judicial restraint Kingst. St. Merchant Tive THE WHITE HOUSE WASHINGTON Date: TO: FROM: KRISTEN GEAR Special Assistant to the Deputy Assistant for Communications 122 OEOB, EXt. 2930 The attached is for: Per our conversation Per your request Information Review & Comment Direct Response Appropriate Action Draft Reply Signature File Other Please Return by Comments: Supreme Cont Nominee David Souter fair competence & equitable 4 exchence judicial restraint Orr & Reno = Malcolm Mchean's firm Mayl starked Appeals court so has nob done any writing yet. best cand he knew a no test citmus unqued dist. inction & are complishment outstanding jurist thoughtful cong. not reduce to partisan batile \ finalist When Kennedy was selected not new on the scene didnt appear out of nowhere Schmidt John THE NATION'S NEWSPAPER USA DATE: 7-27-90 PAGE: 8-A TODAY 3 Hearings The steps to The Senate Judiciary Committee-with eight confirmation Democrats and six Republicans-holds Here's what David Souter will go through public hearings, inter- to be confirmed as a member of the viewing the nominee, Supreme Court: critics and supporters. 1 Nomination President Bush submitted his nomi- nation to the Senate on Wednesday. YES 4 Vote Under the Constitution, the Senate NO The committee votes on a rec- has the power to ommendation and sends the approve or reject nomination to the full Senate. judicial nominees. Probes To be confirmed, the nominee 2 needs a majority of those voting. The FBI, the American Bar Association and Senate Judiciary Committee staff conduct 5 Outcome m separate probes. FBI investigates for any criminal If a new justice is not ??? background; reviews financial re- confirmed by the open- cords; interviews Souter's friends, ing of the court session family, associates; issues sealed re- Oct. 1, the court will oper- port to committee and White House. ate with eight justices, ABA reviews Souter's legal writings creating possible 4-4 and rulings to determine nominee's votes. In the case of a credentials; interviews lawyers and tie vote, a lower court's judges; issues report declaring decision is upheld. nominee "well qualified," "qualified," or "not qualified." By Keith Carter, USA TODAY Judiciary Committee staff, using ABA, FBI reports, independent inter- views and document searches, assembles witness lists and areas of questioning for hearings. 14 The career of David Souter Sept. 17,1939 - Born in Melrose, Massachusetts. 1957-61 - Harvard College 1961-63 - Rhodes scholar, Magdalen College. Oxford 1963-86 - Harvard Law School 1966-68 - Employed by Orr and Reno, a prestigious Concord law firm. 1968-71 - New Hampshire Assistant State Attorney General 1971-76 - Deputy Attorney : General 1976-78 - Attorney General May 5, 1977 - Made an unusual appearance in District Court, urging stiffer sentences for those found guilty of occupying the Seabrook nuclear power plant site. 1978-83 - Associate Justice, Superior Court of New Hampshire. 1983-1990 - associate Justice, New Hampshire Supreme Court. Oct. 28, 1987 - Reported on President Reagan's short list of four or five potential nominees to the US Supreme Court. April 30, 1990 - Appointed to 1st Circuit Court of Appeals. July 23,1990 - Nominated to US Supreme Court. 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 K. 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. He has is an experienced prosecutor md was a tough total count judge or the ANna Hampshire Supervior Cant 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. 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 extraordinary competence and excellence. * Judge Souter is a man of unquestioned distinction and accomplishment. He is an outstanding jurist, fair, equitable, and thoughtful. Judge Souter received the ABA's highest rating of "very qualified" when he was being considered for a judgeship on the court of appeals. As the President mentioned Judge Souter is a strict constructionist, He interpret the Constitution and doe. not legislate from the bench. David Souter is a tough trial court judge with a great legal mind. The President did not use any litmus test 7 no single issue - in choosing Judge Souter because is not appropriate in the selection process of a Supreme Court Justice. * Judge David Souter was chosen because he is true to the life and spirit of the Constitution, a guide that Congress should also use during the confirmation process. For additional information, please contact the Office of Public Affairs at 202-456-2483. JUDGE DAVID H. SOUTER President Bush today announced his intention to nominate Judge David Hacker Souter of New Hampshire to succeed retiring Justice William J. Brennan, Jr., on the United States Supreme Court. Judge Souter is currently a judge on the United States Court of Appeals for the First Circuit. He was appointed to that court by President Bush on April 30, 1990. Judge Souter is a 1966 graduate of the Harvard Law School. He was a Rhodes Scholar at Oxford University, England, and a Phi Beta Kappa graduate of Harvard College. Judge Souter was born in Melrose, Massachusetts in September, 1939. He has had a distinguished career in the New Hampshire Bar, having served for two years as Attorney General of New Hampshire (1976-78) ; five years as Associate Justice of the New Hampshire Superior Court (1978-83) ; and seven years as Associate Justice of the New Hampshire Supreme Court. The American Bar Association gave Judge Souter a rating of "well qualified" at the time of his appointment to the First Circuit. from NHI * DAVID SOUTER (worked for Rudman] Former AHny General for N.H. Federal Appeals Cowt in Borton Plu betta - Narvard degree Kapper - Phadesocholar - patricul restral - demonati Fundamental beleif inthe Sparations powers no litmus heab no legal issue Searched for -interepret - constit. From back execuence not Leqid bught scholarly hon pol. " excluence" - strick construe - right age Document No. to Kinsto WHITE HOUSE STAFFING MEMORANDUM UL 25 P2: P 33 7/24/90 4:00 TODAY DATE: ACTION/CONCURRENCE/COMMENT DUE BY: TALKING POINTS ON JUDGE SOUTER SUBJECT: ACTION FYI ACTION FYI VICE PRESIDENT MCCLURE SUNUNU NEWMAN SCOWCROFT PORTER DARMAN ROGICH CARD UNTERMEYER CICCONI ROGERS DEMAREST KRISTOL FITZWATER Wins n GRAY HAGIN HOLIDAY REMARKS: Please provide your comments/recommendations directly to Chriss Winston's office with a copy to my office by 4:00 TODAY, Tuesda, July 24. Thank you. RESPONSE: number comment PA James W. Cicconi Assistant to the President and Deputy to the Chief of Staff Ext. 2702 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 extraordinary competence and excellence. * Judge Souter is a man of unquestioned distinction and accomplishment. He is an outstanding jurist, fair, equitable, and thoughtful. * Judge Souter received the ABA's highest rating of "very qualified" when he was being considered for a judgeship on the court of appeals. * Judge Souter is a strict constructionist a tough trial court judge with a great legal mind and will interpret the Constitution not legislate from the bench. * The President did not use any litmus test - no single issue - in choosing Judge Souter because it is not appropriate in the selection process of a Supreme Court Justice. * Judge David Souter was chosen because he is true to the life and spirit of the Constitution, a guide that Congress should also use during the confirmation process. For additional information, please contact the Office of Public Affairs at 202-456-2483. SENT BY:The TICKET CENTER ; 7-24-90 ; 2:32PM ; LEGISLATIVE AFFAIRS- 2024566218;# 1 Document No. WHITE HOUSE STAFFING MEMORANDUM 7/24/90 4:00 TODAY DATE: ACTION/CONCURRENCE/COMMENT DUE BY: TALKING POINTS ON JUDGE SOUTER SUBJECT: ACTION FYI CTION FYI VICE PRESIDENT MCCLURE SUNUNU NEWMAN SCOWCROFT PORTER DARMAN ROGICH CARD UNTERMEYER CICCONI ROGERS DEMAREST KRISTOL FITZWATER Winson GRAY HAGIN HOLIDAY REMARKS: Please provide your comments/recommendations directly to Chriss Winston's office with a copy to my office by 4:00 TODAY, Tuesda, July 24. Thank you. RESPONSE: IE Pls see Comments 9:29 7/24 Names W. Cicconi Assistant to the President and Deputy to the Chief of Staff Ext. 2702 SENT BY:The TICKET CENTER ; 7-24-90 ; 2:33PM ; LEGISLATIVE AFFAIRS- 20245662186# 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 a jurist of ability * In nominating Judge Souter to the Supreme Court, the President selected extraordinary competence and with excellence a supmb bachground for the court: Informations. impecable Judge Souter is a man of unquestioned distinction judge and private he has been accomplishment. He is an outstanding jurist, fair, practibioner, equitable, and thoughtful. has, 8 prosenter, a well ? Judge Souter received the ABA's highest rating of "very qualified" when he was being considered for a judgeship on the court of appeals. been * Judge Souter 16 a strict constructionist a tough trial court judge- with * great) legal mind and will interpret the Constitution, not legislate from the bench. and an appeals court judge. As his record * The President did not use any litmus test - no single demonstrate issue - in choosing Judge Souter because it is not he has appropriate in the selection process of a Supreme Court a Justice. * Judge David Souter was chosen because he is true to the life and spirit of the Constitution, a guide that Congress should also use during the confirmation process. For additional information, please contact the Office of Public Affairs at 202-456-2483. He was unanimously confirmed by the Senate carlier this year to L, 4. member of the First Circuit Count Document No. WHITE HOUSE STAFFING MEMORANDUM 0 L24 P12: 29 7/24/90 4:00 TODAY DATE: ACTION/CONCURRENCE/COMMENT DUE BY: TALKING POINTS ON JUDGE SOUTER SUBJECT: ACTION FYI ACTION FYI VICE PRESIDENT MCCLURE SUNUNU NEWMAN SCOWCROFT PORTER Taday DARMAN ROGICH CARD UNTERMEYER CICCONI ROGERS longer, hore substance DEMAREST KRISTOL FITZWATER Winson GRAY HAGIN HOLIDAY REMARKS: Please provide your comments/recommendations directly to Chriss Winston's office with a copy to my office by 4:00 TODAY, Tuesda, July 24. Thank you. RESPONSE: James W. Cicconi Assistant to the President and Deputy to the Chief of Staff Ext. 2702 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 a jurest of abilites * In nominating Judge Souter to the Supreme Court, the President selected extraordinary competence and excellence. winimpeccable qualifications. * Judge Souter is a man of unquestioned distinction and accomplishment. He is an outstanding jurist, fair, equitable, and thoughtful. judge Judge Souter received the ABA's highest rating of "very insertA qualified" when he was being considered for a judgeship on the court of appeals. believer in udicial restraint, Judge Souter is a strict constructionist, a tough trial court judge with a great legal mind and will interpret the Constitution not legislate from the bench. nor did and The President did not use any litmus test no single issue in choosing Judge Souter. because It is not appropriate in the selection process of a Supreme Court Justice. Similarly Congress shoul * Judge David Souter was chosen because he is true to the life and spirit of the Constitution, a guide that meet b Congress should also use during the confirmation process. For additional information, please contact the Office of Public Affairs at 202-456-2483. Homina te his decision to choose- There should be no litmus test in the process of conformation 90 JUL 24 P4.05 OFFICE OF THE VICE PRESIDENT WASHINGTON July 24, 1990 NOTE TO: JIM CICCONI CHRISS WINSTON FROM: BILL KRISTOL Belfac Attached are recommended changes in the "White House Discussion Points" on the Supreme Court nomination of Judge David Souter. Document No. WHITE HOUSE STAFFING MEMORANDUM 7/24/90 4:00 TODAY DATE: ACTION/CONCURRENCE/COMMENT DUE BY: TALKING POINTS ON JUDGE SOUTER SUBJECT: ACTION FYI ACTION FYI VICE PRESIDENT MCCLURE SUNUNU NEWMAN SCOWCROFT PORTER DARMAN ROGICH CARD UNTERMEYER CICCONI ROGERS DEMAREST KRISTOL FITZWATER Winson GRAY HAGIN HOLIDAY REMARKS: Please provide your comments/recommendations directly to Chriss Winston's office with a copy to my office by 4:00 TODAY, Tuesda, July 24. Thank you. RESPONSE: James W. Cicconi Assistant to the President and Deputy to the Chief of Staff Ext. 2702 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 extraordinary competence and excellence. Judge Souter is a man of unquestioned distinction and accomplishment. He is an outstanding jurist, fair, equitable, and thoughtful. * Judge Souter received the ABA's highest rating of "very qualified" when he was being considered for a judgeship on the court of appeals. who Judge Souter is a strict constructionist, a tough trial court judge with a great legal mind and will interpret the Constitution not legislate from the bench. The President did not use any litmus test - no single issue - in choosing Judge Souter because it is not appropriate in the selection process of a Supreme Court Justice. Similarly, Conguss should and 32 a lether test in The condinmation process. This is the * Judge David Souter was chosen because he is true to the life and spirit of the Constitution, & guide that Congress should also use during the confirmation process. For additional information, please contact the Office of Public Affairs at 202-456-2483. Document No. WHITE HOUSE STAFFING MEMORANDUM 25 AID: 59 7/24/90 4:00 TODAY DATE: ACTION/CONCURRENCE/COMMENT DUE BY: TALKING POINTS ON JUDGE SOUTER SUBJECT: ACTION FYI ACTION FYI VICE PRESIDENT MCCLURE See SUNUNU NEWMAN SCOWCROFT PORTER DARMAN ROGICH CARD UNTERMEYER CICCONI ROGERS DEMAREST KRISTOL Rie comm FITZWATER Winsin GRAY HAGIN HOLIDAY REMARKS: Please provide your comments/recommendations directly to Chriss Winston's office with a copy to my office by 4:00 TODAY, Tuesda, July 24. Thank you. RESPONSE: Please see 2 suggestions made by the Justice Dept. Thanks. Holly 7-25-90 Williamson James W. Cicconi Assistant to the President and Deputy to the Chief of Staff Ext. 2702 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 extraordinary competence and excellence. * Judge Souter is a man of unquestioned distinction and accomplishment. He is an outstanding jurist, fair, equitable, and thoughtful. well Judge Souter received the ABA's highest rating of very (pot qualified" when he was being considered for a judgeship on the court of appeals. * Judge Souter is a strict constructionist, a tough trial court judge with a great legal mind and will interpret the Constitution not legislate from the bench. * The President did not use any litmus test - no single issue - in choosing Judge Souter because it is not appropriate in the selection process of a Supreme Court Justice. * Judge David Souter was chosen because he is true to the life and spirit of the Constitution, a guide that Congress should also use during the confirmation (Dot) process. For additional information, please contact the Office of Public Affairs at 202-456-2483. Document No. WHITE HOUSE STAFFING MEMORANDUM V L 24 P6: 04 7/24/90 4:00 TODAY DATE: ACTION/CONCURRENCE/COMMENT DUE BY: TALKING POINTS ON JUDGE SOUTER SUBJECT: ACTION FYI ACTION FYI VICE PRESIDENT MCCLURE SUNUNU NEWMAN SCOWCROFT PORTER DARMAN ROGICH CARD UNTERMEYER CICCONI ROGERS DEMAREST KRISTOL FITZWATER Wins n GRAY HAGIN HOLIDAY REMARKS: Please provide your comments/recommendations directly to Chriss Winston's office with a copy to my office by 4:00 TODAY, Tuesda, July 24. Thank you. RESPONSE: Good but too short X lacter substantive facts!! James W. Cicconi Assistant to the President and Deputy to the Chief of Staff Zd Ext. 2702 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 extraordinary competence and excellence. * Judge Souter is a man of unquestioned distinction and accomplishment. He is an outstanding jurist, fair, equitable, and thoughtful. * Judge Souter received the ABA's highest rating of "very qualified" when he was being considered for a judgeship on the court of appeals. * Judge Souter is a strict constructionist, a tough trial court judge with a great legal mind and will interpret the Constitution not legislate from the bench. * The President did not use any litmus test - no single issue - in choosing Judge Souter because it is not appropriate in the selection process of a Supreme Court Justice. * Judge David Souter was chosen because he is true to the life and spirit of the Constitution, a guide that Congress should also use during the confirmation process. For additional information, please contact the Office of Public Affairs at 202-456-2483. THE WHITE HOUSE WASHINGTON 34 July 24, 1990 MEMORANDUM FOR JAMES W. CICCONI ASSISTANT TO THE PRESIDENT AND DEPUTY TO THE CHIEF OF STAFF FROM: LEE S. LIBERMAN 111 ASSOCIATE COUNSEL TO THE PRESIDENT SUBJECT: Talking Points on Judge David Souter In regard to the above talking points, what has been distributed to the staff attorneys needs some work and more favorable talking points should be attained at the conclusion of a meeting to be held later today. In the interim, the attached suggestions are submitted. Attachment Suggested Changes in: Talking Point #1: no change at present. Talking Point #2: no change at present. Talking point #3: Judge Souter received the ABA's highest rating of "well qualified" before he was nominated for a judgeship on the court of A appeals. He was unanimously confirmed for that position by the Senate in April, 1990. Talking point #4: Judge Souter is a believer in judicial restraint, a tough trial court judge with a great legal mind and will interpret the Constitution not legislate from the bench. Talking point #5: no change at present. Talking point #6: Judge David Souter was chosen because of his fidelity to the Constitution and the rule of law. These qualities, rather than a person's positions on particular cases, determine whether a nominee will be a good Justice of the Supreme Court. educ, nom. & exper mH proper 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 extraordinary competence and excellence. * Judge Souter is a man of unquestioned distinction and accomplishment. He is an outstanding jurist, fair, equitable, and thoughtful. * Judge Souter received the ABA's highest rating of "very qualified" when he was being considered for a judgeship on the court of appeals. * Judge Souter is a strict constructionist, a tough trial court judge with a great legal mind and will interpret the Constitution not legislate from the bench. The President did not use any litmus test - no single issue - in choosing Judge Souter because it is not appropriate in the selection process of a Supreme Court Justice. * Judge David Souter was chosen because he is true to the life and spirit of the Constitution, a guide that Congress should also use during the confirmation process. For additional information, please contact the Office of Public Affairs at 202-456-2483.