David Souter
Judge United States 1939–2025
26 quotes in the archive
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It may be that the seemingly intrinsic attraction that past time has for me is merely a desire for escapism, as I look out at the nation and world with little optimism.
Meaning comes from the capacity to see what is not in some simple, objective sense there on the printed page.
We hold that an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim.
If speech always wins, even if it's an atomic secret that's going to be broadcast to our enemies, it's easy to make a decision. Speech always wins. But it doesn't... Liberty doesn't always trump equality or equality always trump liberty.
We want order and security, and we want liberty. And we want not only liberty but equality as well.
The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.
The court has to decide which of our approved desires has the better claim, right here, right now, and a court has to do more than read fairly when it makes this kind of choice.
I am not a pessimist, but I am not an optimist about the future of American democracy.
David Souter
There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.
What I worry about is that when problems are not addressed, people will not know who is responsible.
Every defendant knows, if endowed with the mental competence for criminal responsibility, that the life he will take by his homicidal behavior is that of a unique person, like himself, and that the person to be killed probably has close associates, 'survivors,' who will suffer harms and deprivations from the victim's death.
David Souter