The New York Times' former Supreme Court reporter, liberal Linda Greenhouse, came out of journalistic retirement (she's now senior fellow at Yale Law School) to write the lead Sunday Week in Review profile of retiring Supreme Court Justice David Souter, "Justice Unbound -- Washington is only where Souter goes for his 'annual intellectual lobotomy.' At home, he reads history."
Souter was nominated by the first President Bush but disappointed conservatives by often voting with the court's liberal bloc, which may be why Greenhouse wished him such a fond farewell:
David H. Souter had no agenda 19 years ago when he took his seat on the Supreme Court, but he did have a goal: not to become a creature of Washington, a captive of the privileges and power that came with a job he was entitled to hold for the rest of his life. In this, no matter what else can be said about his tenure on the court, he succeeded brilliantly.
Just a few decades ago, this would hardly have been a singular accomplishment. Even the most distinguished Supreme Court justices often disappeared from public view, speaking only through their opinions -- the full texts of which were all but inaccessible to ordinary citizens without access to a law library. But in this media-saturated age, the justices are everywhere. If they are not on book tours, they are opining on the authorship of Shakespeare's plays, or mingling with their peers in Europe, or on C-Span addressing high school students, or at least delivering named lectures at law schools.
None of this held any appeal for David Souter, who after returning home from his Rhodes scholarship at Magdalen College, Oxford, crossed the Atlantic only once again, for a reunion there. Who needed Paris if you had Boston, he would remark to friends. When the court is in recess, he gets in his Volkswagen and heads to Weare, N.H., to the small farmhouse that was home to his parents and grandparents.
Greenhouse took sides on a recent Supreme Court decision:
Story Continues Below Ad ↓Constitutional change, he explained, "comes about because judges evaluate significant facts differently," or they "discover some relevance to a constitutional rule where earlier judges saw none." He said that "historians can come to the rescue" by explaining how and why this happens. His ostensible text was the Supreme Court's journey from the "separate but equal" holding of Plessy v. Ferguson in 1896 to the desegregation ruling in Brown v. Board of Education 58 years later.
But there was an unspoken, and more pointed, subtext: his continued dismay at the court's 5-to-4 ruling two years ago that invalidated the effort by the public schools of Louisville, Ky., to prevent resegregation by use of a modestly race-conscious student assignment plan. The dissenters -- and Justice Souter was one -- viewed the opinion by Chief Justice John G. Roberts Jr. that this once-segregated city lacked any "compelling interest" in preserving its progress toward integration as profoundly ahistorical and as a troubling signal for the court's future approach to government actions that touched on race.
Their fears seemed well founded this past week, during the court's final argument session of the term. The question was whether a central portion of the Voting Rights Act is constitutional, and as the argument progressed, it appeared quite likely that the answer from Chief Justice Roberts and his conservative allies might well be "no."
Greenhouse certainly likes liberal justices; she wrote "Becoming Justice Blackmun," a biography of the liberal justice who wrote the Court's notoriously flawed opinion on Roe v. Wade. And she clearly loved the ultra-liberal Justice William Brennan. She wrote in a July 2008 Q&A session on nytimes.com just before her retirement:
Obviously, not every opinion Justice Brennan put his name to will stand the test of time. But many will. A personal note -- I took some time off from the court beat in the mid-1980's to have a baby and cover Congress for a couple of years. When I came back in 1988, Justice Brennan was 82 and the end of his tenure was in sight. He was one of the first people I ran into, in a court corridor. "I'm glad you're back," he said to me. I replied, "I'm glad you're still here."
—Clay Waters is the director of Times Watch, an MRC project tracking the New York Times.



















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I am glad Ms. Greenhouse's
May 4, 2009 - 15:04 ET by eaglewingz08I am glad Ms. Greenhouse's gasseous column admits that Judge Souter's opinions in Washington are the result of an intellectual lobotomy. You couldn't be a libtard Judge or human otherwise.
The "intellectual lobotomy"
May 4, 2009 - 15:37 ET by motherbeltIsn't it nice that that's how Souter views his service on SCOTUS.
When he's there he can't do the reading he needs to do to be there.
Well if Obama has his way, knowledge and reading of the law won't be a requirement anyway. He's more interested in people who have "empathy."
They might say "Wow, that sucks!" But at least they'll say "Wow!" -Duff Goldman, the Ace of Cakes
Remember
May 4, 2009 - 16:21 ET by easygoerWhen Souter was first nominated the libs called him a closeted homo, a weirdo for living with his mother and a misogynist. Alan Dershowitz even suggested he was into beastiality. Now, he's the second coming of Oliver Wendell Holmes Jr.
NYT Op on Souter - circa 1990.
May 4, 2009 - 16:33 ET by katainkentThe Danger of David Souter.
Hold on ‘cause the world will turn if you're ready or not ~ KT Tunstall
Nice find, Kata
May 4, 2009 - 16:46 ET by BlondeHmmmm....it will be interesting to see how they sing the praises of Obama's nominee, who is certain to be openly pro-choice.
I hope he fails, too.
Whoever he chooses, the
May 4, 2009 - 19:05 ET by motherbeltWhoever he chooses, the liberal line is going to be that he/she is not a liberal, but a pragmatist.
They might say "Wow, that sucks!" But at least they'll say "Wow!" -Duff Goldman, the Ace of Cakes
Supreme court justice
May 5, 2009 - 05:52 ET by DontFeedTheTrollsJust out on Drudge, here is Obama's choice to replace Souter on SCOTUS.
D
Keep the ILLEGALS out, join NumbersUSA to send free faxes to your reps.
Kelo - the worst decision
May 4, 2009 - 16:29 ET by EdhenryKelo - the worst decision since Roe. Kelo runs contrary to the fundamental reasons behind the constitution.
His retirement coincides with O' election, Souter's last political act.
Bad law + political motives = bad jurist
Crazy Judge Wanted
May 4, 2009 - 17:50 ET by melpolDavid souter was an enlightened judge but it is time for an update. A convicted pervert who is also a known drug addict would make a creative addition to the supreme court. The nation needs a swingers point of view to give it the balance needed. But unless the nations closet is opened the status quo will prevail and fun lovers will hide in the dark.
http://www.associatedcontent.com/melpol
→ Good news melpol
May 4, 2009 - 17:59 ET by Cool ArrowI think Gary Glitter is out of prison.
LYDSEXICS UNTIE!
I see Linda see hasn't
May 4, 2009 - 18:07 ET by bigtimerI see Linda still hasn't pulled her head out of her arse.
Lord this pathetic milquetoast leftist will never see the light of day.
Doubling down on stupid is not a particularly good idea. ~Andrew Breitbart
OMG
May 5, 2009 - 06:30 ET by StCroix64She really needs to stay DEEEP in the newsroom and not be on TV anymore. My kids had nightmares last night.
Hey Linda, its not too late to think about braces
May 5, 2009 - 08:30 ET by kevinm13Linda Greenhouse is one of those whining liberals that are best left off TV and radio and for that matter, off the press too. She is very much in the mold of Eleanor Clift at Newsweek although not as smart and not as funny.
David Souter was a bad choice by President Bush because he was a liberal and not a constitutionalist. President HW Bush made an excellent choice in Clarence Thomas so I don't fault him so much for Souter.
So does this article qualify
May 5, 2009 - 10:19 ET by Tom PaineSo does this article qualify as a "Greenhouse Gas"
Caption on picture is wrong-----
May 5, 2009 - 12:27 ET by Roscoe MendagoI read this piece and I wonder what does a picture of Mortimer Snerd have to do with it.