US Supreme Court takes up tobacco case for third time Dec 4, 2008
"The problem that I think we all have is how do we guard against making constitutional decisions which are simply going to be nullified by some clever device, raising a procedural issue or an issue of state law when the case goes back [to the state courts]," Justice David Souter said. Near the end of the session, Chief Justice John Roberts said the Supreme Court could avoid similar situations in the future by squarely deciding the excessive punitive damages issue in the case, rather than sending... (Christian Science Monitor -- USA)
Justices give hefty award case a new look Dec 4, 2008
"How do we guard, in effect, against making constitutional decisions which are simply going to be nullified?" Justice David Souter asked. Can justices "ensure against, in effect, a bad faith response to our decision?". (USA Today)
High Court Hears $79.5 Million Philip Morris Punitives Case for Third Time Dec 4, 2008
"How do we guard against making constitutional decisions which are simply going to be nullified by some clever device?" Justice David Souter asked. Robert Peck, Williams' lawyer, tried to allay the concern. (Law.com)
Supreme Court Weighs Power Plants Vs. Fish Dec 3, 2008
Justice David Souter Some justices expressed skepticism about whether it was possible to weigh the cost of buying and installing new cooling water intake structures against the value of fish and other aquatic organisms. "The difficulty that I have is if you are going to apply ... a cost benefit analysis, I'm not sure how it would work," said Justice David Souter. (CBS News)
Court asked to side with power plants against fish Dec 3, 2008
"The difficulty that I have is if you are going to apply ... a cost benefit analysis, I'm not sure how it would work," said Justice David Souter. "Are a thousand plankton worth a million dollars? I don't know.". (Anchorage Daily News)
Justices chide California-based appeals court Dec 3, 2008
Justices John Paul Stevens, Ruth Bader Ginsburg and David Souter agreed that the appeals court made a mistake, but would have affirmed its ruling anyway because the underlying decision in favor of Pulido was correct. Last month, the court overruled the 9th Circuit in an environmental case involving the Navy's use of sonar and its potential harm to whales. (Yahoo News -- Politics)
Flattery in a Faux Pas at the Supreme Court Dec 2, 2008
During oral arguments Monday morning in the , Justice David Souter asked a question of Colorado Attorney General John Suthers. Suthers, who was presenting his side in the dispute over expert witness fees in the case, paused and answered, "Justice Ginsburg ..." Amid nervous laughter, Souter said with a smile, "I'm greatly flattered," and as Suthers apologized, Souter added, "You're not the first to have done that." (See page 32 of the. (Law.com)
Pressure Is on Obama to Name First Hispanic Supreme Court Justice Nov 27, 2008
Justices David Souter and Clarence Thomas, he notes, were named to the high court after brief stints on courts of appeals. MALDEF also hopes Obama will embrace a broader Hispanic agenda that includes jobs, health care, and civil rights. (Law.com)
Obama election petitions causing stir Nov 26, 2008
Justice David Souter has denied applications for injunctions in both cases, though Berg's petition is on the justices' private Dec. 8 conference list (all petitions filed with the court get consideration). It's an indication of how seriously the government takes the case that Solicitor General Gregory Garre has waived his right to respond to the petition. (Honolulu Advertiser)
More Trouble Outside the White House Than In Nov 21, 2008
And since all campaign promises are off and the great compromiser still boasts of supporting leftist Supreme Court Justices David Souter and Ruth Bader Ginsburg we can likely look forward to seeing him champion more bad nominees, more illegal immigration, more foolish global warming initiatives and more attention-getting gimmicks to demonstrate his maverick madness. I voted for him out of self-preservation, but I would not have been proud of my candidate if this misguided lion lacking courage... (Townhall.com)
Sonar over whales Nov 20, 2008
Two dissenting justices, Ruth Bader Ginsburg and David Souter, found a more judicious balance when they asserted that the potential environmental harm "cannot be lightly dismissed." At the root of this controversy is the navy's failure to prepare a full-fledged environmental impact statement before beginning the exercises - to better estimate the potential damage. We hope the next administration requires the navy to take environmental harms more seriously. (International Herald Tribune -- Ed/Op)
At 88, Justice Stevens gives no hint of retiring Nov 19, 2008
The three most often mentioned - Stevens, Justice Ruth Bader Ginsburg, 75, and Justice David Souter, 69 - are part of the four-member bloc that most consistently votes liberal. Logic would have it that they would want their replacements to be like-minded. (Boston Globe)
Ten picks for Obama's Supreme Court Nov 19, 2008
David Souter, 69, has reportedly expressed an interest in returning to his home in New Hampshire ... John Paul Stevens is 88, Ruth Bader Ginsberg is 75, David Souter is 68, and all are expected to leave the Supreme Court in the next four years. (Salon)
Sailors prevail, but only barely Nov 14, 2008
And Ruth Bader Ginsburg and David Souter said potential harm to the whales was sufficient to justify limits on the use of sonar. In the starkest terms, the choice was between the fate of U.S. sailors in case of war and the fate of whales. (Albany Democrat-Herald, OR)
U.S. Navy Wins Dispute Over Sonar, Whales Nov 14, 2008
Justices Ruth Bader Ginsburg and David Souter dissented, saying the prospect of harm to the whales was sufficient to justify limits on sonar use. In complicated sonar exercises, ships, subs, and aircraft must train together to track modern diesel-electric submarines, which can operate almost silently. (National Geographic)
Supreme Court on sonar: Navy trumps whales Nov 13, 2008
Dissenting Justice Ruth Bader Ginsburg, joined by Justice David Souter, said Cooper had properly used her authority under the environmental law after finding that unrestricted sonar use could harm thousands of creatures ... -- Dissent: Justices Ruth Bader Ginsburg and David Souter, who said the restrictions were validly based on evidence of potential harm to thousands of marine mammals. (San Francisco Chronicle -- Sports)
Justices rule for Navy's use of sonar Nov 13, 2008
Dissenting were Ruth Bader Ginsburg and David Souter, who noted that environmentalists' main claim was that the Navy needed to produce a detailed "environmental impact statement" examining how much sonar might harm marine mammals. Instead, the service produced a much less detailed "environmental assessment.". (Seattle Post Intelligencer)
Supreme Court: No Limits On Navy Sonar Use Nov 13, 2008
She said that "this likely harm ... cannot be lightly dismissed, even in the face of an alleged risk to the effectiveness of the Navy's 14 training exercises." Justice David Souter joined in Ginsburg's dissent. Roberts pointed out that the federal appeals court decision restricting the Navy's sonar training acknowledged that the record contained no evidence marine mammals had been harmed. (CBS News)
Supreme Court Hears Case Over Religious Monument Nov 13, 2008
Justice David Souter wondered how the city could accept the Ten Commandments display and then say, "'We will not on identical terms take the Summum monument because we don't agree with the message.' Why isn't that a First Amendment violation?". The Salt Lake City-based Summum wants to erect its "Seven Aphorisms of Summum" monument in the park. (Fox News)
US Top Court Rules For Navy In Whales-Sonar Case Nov 13, 2008
Liberal Justices John Paul Stevens and Stephen Breyer dissented in part and agreed in part with the ruling, while Justices Ruth Bader Ginsburg and David Souter disagreed with the entire decision. The dispute involved 14 training exercises off the California coast that began in February of last year and are scheduled to end in January. (Planet Ark, United States)
MILITARY: Supreme Court lifts Navy sonar limits Nov 13, 2008
In a pair of separate dissenting opinions, Justices Stephen Breyer, John Paul Stevens, Ruth Bader Ginsburg and David Souter suggested that limits on sonar use were justified because of the potential harm to whales. Still, Roberts wrote that the overall public interest tips "strongly in favor of the Navy. ... Forcing the Navy to deploy an inadequately trained anti-submarine force jeopardizes the safety of the fleet.". (North County Times)
Supremes Save Sonar Nov 13, 2008
Justices David Souter and Ruth Bader Ginsburg dissented, saying the Navy should be required to complete an Environmental Impact Statement before using sonar again. Ginsburg said the Navy s own studies predicted that sonar would cause substantial and irreparable harm to marine mammals, and that such harm cannot be lightly dismissed. (Human Events Online)
Top court won't review 'victim impact evidence' Nov 12, 2008
Justices David Souter and Stephen Breyer agreed that the court should take up the issue, but it takes four votes in the high court to grant an appeal. In the first case, the justices rejected an appeal from Douglas Kelly, a drifter who was sentenced to death for the 1993 rape, robbery and murder of 19-year-old Sara Weir. (San Francisco Chronicle)
Despite Obama Victory, Will Supreme Court Justices Sit Tight? Nov 11, 2008
Conventional wisdom, accelerated by Barack Obama's victory Nov. 4, has Ginsburg, Stevens and Justice David Souter, all on the moderate-liberal wing of the Court, heading for the exits during Obama's first term ... Take David Souter, for example. (Law.com)
Supreme Court Argument Report: Jack the Ripper in His Armchair Nov 11, 2008
Justice David Souter challenged Roberts on this point, stating that "the crime that we are concerned with here is still essentially a passive crime. [The defendant] just doesn't show up.". Roberts responded that "deliberately failing to comply with your legal duty to report to prison ... is not doing nothing, as petitioner says. It's not purely passive. It is a criminal act.". (Law.com)
Supreme Court Posts Video in Victim Impact Case Nov 11, 2008
Justice David Souter, who was in the majority in Payne, would have taken the case, though he did not say why. Justice John Paul Stevens, a dissenter in Payne, and Justice Stephen Breyer, who was not yet on the Court in 1991, also said they'd have taken up the case. (Law.com)
SUPREME COURT: Court denies appeal over victim impact evidence Nov 11, 2008
Three justices, Stephen Breyer, David Souter and John Paul Stevens, took exception Monday to the court's decision. "The videos added nothing relevant to the jury's deliberations and invited a verdict based on sentiment, rather than reasoned judgment," Stevens said. (USA Today)
Kyl issues judicial appointments warning Nov 8, 2008
Kyl, Arizona s junior senator, expects Obama to appoint judges in the mold of U.S Supreme Court Justices Ruth Bader Ginsburg, David Souter and Stephen Breyer ... Justice David Souter is 69. (Phoenix Business Journal, AZ)
Early election polls predict triumph for Democrats Nov 7, 2008
Although David Souter is only 69, he longs for his home in New Hampshire. So, without a doubt, the stakes in Tuesday s election were high when it comes to the power to alter the Supreme Court. (Atmore Advance, AL)
I watched Fox News for five hours last night (129) Nov 6, 2008
John Paul Stevens is 88, Ruth Bader Ginsberg is 75, David Souter is 68, and all are expected to leave the Supreme Court in the next four years. Glenn Greenwald. (Salon)
Bush Got a Conservative High Court, With Caveats Nov 6, 2008
As a son of the first President Bush, George W. Bush had seen and felt the disappointment (Justice David Souter), the agony (Clarence Thomas), and the success (again, Thomas) that the power to appoint justices could bring. Then came the 2000 election itself, producing a baptism by fire called Bush v. Gore. (Law.com)
High Court Appears Torn Over Drug Labeling Case Nov 4, 2008
Justice David Souter also took Wyeth to task for not, on its own, going back to the FDA to urge changes in the label to prohibit IV-push administration: "Wyeth could have done that at any time, and it simply didn't do it.". Waxman pointed out that Wyeth in fact did ask for stronger language, but the FDA rejected it. (Law.com)
Supreme Court Argument Report: Justices in 'Confessional Mode' Nov 4, 2008
Justice David Souter challenged Smith about the difference as well, positing that a private corporation, organized as a business under state law, is a "creature of state law," and that "its powers, generally speaking, are the powers that State law gives it. And that ... same proposition is true of counties and towns and ... other sub-state governmental units.". The justices also questioned respondents' counsel Collins about the distinction between state employees and local government employees,... (Law.com)
Lithwick: The Supreme Court's Grim Gangrene-Amputation Case Nov 4, 2008
This prompts Justice David Souter to ask why Wyethbased on new evidence the company had accumulated about Phenergandidn't think the label ought to be changed. "Wyeth could have gone back to the FDA anytime, and it simply didn't do it," Souter says. (Slate)
MORE ON THE HIGH COURT: Election comes at key point for abortion stance Nov 3, 2008
The two of them, along with (top left to top right) David Souter, Stephen Breyer and Anthony Kennedy, have upheld Roe v. Wade ... Justices O'Connor, Anthony Kennedy and David Souter joined together as a crucial bloc to write that while they might not have voted for Roe v. Wade when it first came to the court, they did not believe it should be reversed after nearly two decades ... The three other justices who have voted to uphold Roe are Anthony Kennedy, 72, Stephen Breyer, 70, and David Souter,... (USA Today)
Of supreme importance Nov 1, 2008
Obama named Justice Clarence Thomas, explaining, "I don't think he was a strong enough jurist or a legal thinker at the time." McCain named the entire liberal wing of the court - justices Ruth Bader Ginsburg, Stephen Breyer, David Souter, and John Paul Stevens - whom he tarred with the familiar indictment "legislating from the bench.". We would differ with McCain's choices, and would argue that some of the more sweeping rulings of the conservative wing also amount to "legislating from the bench"... (Boston Globe)
Georgia Voter ID Law in effect Nov 1, 2008
Justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter dissented, as they did in the famous 2000 case. In 2005, the U.S. Court of Appeals upheld an injunction barring Georgia from enforcing a law that would have required state citizens to obtain a government-issued photo identification in order to vote. (Thomaston Times, GA)
For divided high court, two potential legacies Oct 23, 2008
Members of the Supreme Court are, seated from left, Anthony Kennedy, John Paul Stevens, Chief Justice John Roberts, Antonin Scalia and David Souter ... David Souter, 69 (first President Bush, 1990) ... Five of the nine justices Anthony Kennedy and liberals John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer have endorsed the 1973 Roe v. Wade ruling that legalized abortion nationwide. (USA Today)
A winning voice Oct 22, 2008
John Roberts (Chief Justice) Nominated by a Republican G.W. Bush John Paul Stevens Nominated by a Republican: Ford David Souter Nominated by a Republican: G.H.W. Bush Antonin Scalia Nominated by a Republican: Reagan Anthony Kennedy Nominated by a Republican:Reagan Clarence Thomas Nominated by a Republican: G.H.W. Bush Ruth Bader Ginsburg Nominated by a Democrat: Clinton Stephen Breyer Nominated by a Democrat: Clinton Samuel Alito Nominated by a Republican: G.W. Bush " Dangerous Dave wrote on Oct... (Albany Democrat-Herald, OR)
Next president will shape Supreme Court Oct 21, 2008
In each of those cases, the majority included Justices John Paul Stevens, 88; Ruth Bader Ginsburg, who is 75 and in uncertain health; and David Souter, 69, widely reported to be considering retirement. The departure of any of them after a McCain victory would undoubtedly lead to an intense battle over confirmation of a successor in a Senate that is likely to remain under Democratic control. (San Francisco Chronicle)
Unspoken Issue of 2008: Federal Judges Oct 16, 2008
The first George Bush nominated David Souter, Gerald Ford nominated John Paul Stevens, Richard Nixon gave us Warren Berger, and Dwight Eisenhower produced Chief Justice Earl Warrenthe man who presided over the Courts dramatic swing to the left ... Marx credits the rise of numerous court-watching organizations like JCN with the increased pressure on the Bush Administration to produce qualified, proven justices rather than stealth nominees like David Souter. (Townhall.com)
Supreme Court Argument Report: Justices Review Jury Instructions Oct 16, 2008
"You've got an argument that points to 'the crime' interpretation and you've got an argument that points to 'any crime' interpretation, and to the extent that your case may ultimately turn on the significance of the prosecutor's argument, it seems to me that the benefit of the doubt goes to the defendant," Justice David Souter told Collins. Stanford Law professor , representing Sarausad, argued that the fact that the jury deliberated for a long period of time and submitted a number of questions... (Law.com)
Supreme Court Argument Report: Voting, Consenting and Sentencing Oct 15, 2008
Both Ginsburg and Justice David Souter questioned Stirba about the facts of the case and the police officers' failure to obtain a warrant. "The reason the police are being faulted is that they didn't get a warrant. And the warrant requirement is a generally good starting place for a Fourth Amendment argument," Souter said. (Law.com)
How McCain, Obama will change abortion policy Oct 14, 2008
The abortion furor led high court nominees such as Stephen Breyer, David Souter, John Roberts, and Samuel Alito to tip-toe around the question of whether Roe v. Wade was precedent that they would not overturn. The controversy also divides both political parties, making them more sectional and doctrinaire than they might otherwise be. (MSNBC -- Politics)
Will Next President Turn the High Court? Oct 14, 2008
Liberals sound the alarm that a President John McCain would change the Court's jurisprudence the most by naming conservatives to fill the seats of the liberal-to-moderate justices viewed as most likely to leave soonest -- John Paul Stevens, Ruth Bader Ginsburg and David Souter. But McCain's impact would be tempered by the likelihood that the Senate, which confirms nominees, will remain in Democratic hands, making it hard for him to name anyone with a strong and visible conservative tilt. (Law.com)
Court wrangles over Navy sonar, whales Oct 10, 2008
Justice David Souter ridiculed the idea that the administration could declare an emergency to try to get around complying with environmental laws. The Navy opted not to conduct a more rigorous environmental study before beginning the long-planned exercises, Souter said. (MSNBC -- Terrorism)
Court weighs sonar's impact on whales Oct 10, 2008
Justice David Souter expressed repeated skepticism that an emergency existed allowing the president to try to bypass normal environmental reviews. "There was no 'emergency' here except one which was created by the Navy's apparently deliberate inattention" to file an EIS in a timely fashion, trying "in effect to sort of neutralize by keeping everybody in the dark until the last moment," he said. (CNN)
Supreme Court Argument Report: The Fourth Amendment, Thomas Jefferson and Barney Fife Oct 8, 2008
Justice David Souter seemed intrigued: "Did he ... have his hands handcuffed behind his back?". "Yes," Mariaz told him. (Law.com)
Supreme Court rejects Abu-Jamal's appeal Oct 7, 2008
"The reason the product is of different value [under federal oversight] is that in fact it is dangerous to health," noted Justice David Souter. Three Maine smokers had brought suit against the nation's largest cigarette maker, Philip Morris USA, and its parent company, Altria Group. (CNN -- US)
Fit for A King -- Or At Least a Crown Prince Oct 7, 2008
Mr. Levey suggests the three Supreme Court justices most likely to retire -- liberals Ruth Bader Ginsburg, John Paul Stevens and David Souter -- "may well hold out for the next four years if John McCain becomes president.". That said, he presents the "Top Ten Things to Expect from an Obama Supreme Court.". (Human Events Online)
Supreme Court Argument Report: Pre-emption, Arbitration and Litigation Oct 7, 2008
Justice David Souter questioned why Discover was pushing to enforce the arbitration agreement in federal court at all. "Why don't you do it in the state court instead of going through these gymnastics?" Souter asked Phillips. (Law.com)
Cigarette suit first up in new court term Monday Oct 6, 2008
Seated in the front row, from left to right are: Associate Justice Anthony M. Kennedy, Associate Justice John Paul Stevens, Chief Justice of the United States John G. Roberts, Associate Justice Antonin Scalia, and Associate Justice David Souter. Standing, from left to right, in the top row, are: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Associate Justice Ruth Bader Ginsburg, and Associate Justice Samuel Alito Jr.. (Fresno Bee -- Local)
Seeking to shift attention to judicial nominees Oct 6, 2008
Still, many conservatives are confident that McCain would appoint people who, as he has pledged, fit the mold of the two most recent additions to the court, Chief Justice John Roberts Jr. and Justice Samuel Alito Jr. ( Obama voted against both men; he has praised Justices Stephen Breyer, Ruth Bader Ginsburg and David Souter as "sensible.") The next president is expected to have at least one nomination for the Supreme Court and as many as three in his four-year term. "McCain is a social... (International Herald Tribune)
Court term to hear tobacco, TV dirty words cases Oct 6, 2008
Obama as a U.S. senator voted against both appointees and has praised the court's four liberals -- Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer. The nine-member court has been closely divided. (Yahoo News -- Politics)
For the Supreme Court, a Term of Change Ahead Oct 4, 2008
Finally, while predicting high court retirements is one of Washington's trickiest parlor games, three members of the Court -- Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg -- are seen as the most likely candidates to step down. At a William & Mary Marshall-Wythe School of Law conference on the Court Sept. 26, former acting Solicitor General Walter Dellinger III flat-out predicted all three will go if Sen. (Law.com)
O'Connor Conference Addresses the Economy Oct 3, 2008
From the high court, Justices David Souter and Stephen Breyer were in attendance. Kicking off the conference, Georgetown law Dean T. Alexander Aleinikoff said business has "a vital stake in the functioning of our courts.". (Law.com)
UPCOMING: High court returns next week Oct 3, 2008
Supreme Court justices, sitting from left to right: Associate Justice Anthony M. Kennedy; Associate Justice John Paul Stevens; Chief Justice of the United States John G. Roberts; Associate Justice Antonin Scalia; and Associate Justice David Souter ... The liberal-leaning justices are John Paul Stevens, 88, Ruth Bader Ginsburg, 75, David Souter, 69, and Stephen Breyer, 70. (USA Today)
Analysis: Fact-Checkers Fall Short in Criticizing NRA's Anti-Obama Ads Sep 25, 2008
" He has also been of Antonin Scalia, John Roberts and Samuel Alito. Together these four justices provided four of the five votes to strike down the D.C. gun ban, with Scalia the majority opinion. On the other side, Obama has to Justices Ruth Bader Ginsburg, David Souter, and Stephen Breyer as models for the type of people he would appoint to the court. Those justices provided three of the four votes that argued that there was no individual right to own a gun, and wrote one of the dissenting... (Fox News)
Biden, Palin May Loom Large in Judge Picks Sep 12, 2008
Gitenstein asserts the defeat of Bork by a 58-42 vote paved the way for more moderate nominees like Anthony Kennedy and David Souter, who slowed the Court's conservative march, at least until President George W. Bush named Roberts and Alito to the Court. "Among conservatives Biden is viewed as having been very unfair to Bork and ," says Leonard Leo, executive vice president of the Federalist Society. (Law.com)
GOP'seyes on prize: Supreme Court Sep 4, 2008
Van Taylor plans to release the film as soon as the next vacancy opens on the court, which most observers expect next year, considering the age of Stevens and the reported restlessness of Justice David Souter. The role of activist Manuel Miranda Van Taylors film explains how the indefatigable former Senate staffer and conservative polemicist Manuel Miranda helped win the struggle to confirm Alito and Roberts and to stop Bushs misguided, and he believes still hard to fathom, nomination of... (MSNBC -- Politics)
Obama, McCain differ on abortion Aug 21, 2008
McCain named the court's four most liberal members: Ruth Bader Ginsburg, Stephen Breyer, David Souter and John Paul Stevens. When Warren asked Obama to define the word rich, the Illinois senator teased the pastor about the mammoth sales of his book, The Purpose Driven Life. (Jefferson City News Tribune, MO)
Politics: Barack Obama, Doubting Thomas Aug 20, 2008
McCain named the four most liberal members of the Supreme Court John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer and David Souter as judges he would not have appointed. Obama would appoint justices who would rewrite the liberals' "living Constitution" while legislating from the bench on issues from gun control to national security. (Investors Business Daily)
Obama and McCain Pick Their Least Favorite Supreme Court Justices Aug 19, 2008
McCain was just as quick in responding, rattling off the names of Justices Ruth Bader Ginsburg, Stephen Breyer, David Souter and John Paul Stevens. He did not accuse them in connection with any specific decision, but suggested they were among the federal judges who legislate from the bench. (Law.com)
* Obama, McCain court evangelicals, at odds on abortion Aug 18, 2008
McCain, asked the same question, said he wouldnt have picked Ruth Bader Ginsburg, Stephen Breyer, David Souter or John Paul Stevens. McCain said he would only pick justices with a proven record of strictly adhering to the Constitution. (Taipei Times, Taiwan -- World)
Unnecessarily Evil Aug 13, 2008
Similarly, in their landmark 1992 abortion decision in , Justices Sandra Day O'Connor, Anthony Kennedy, and David Souter agreed that "at the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.". The gay-rights movement best illuminates the need to emphasize the role of morality in politics. (Slate)
