David Souter Quotes
There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.
Souter, David. Interview by Margaret Warner. PBS NewsHour, Public Broadcasting Service, 14 Sept. 2012.
In 2002 the corrupt Indonesian Courts ruled that a very solvent Canadian company Manulife was bankrupt so that others could get control. The international financial and political community wanted the Indonesian government to intervene and reverse the rulings, but historically the courts had no independence and had been tools of the government.
The government of Pakistan regarded this as seditious. The Government can fire judges at will and the military has the right to convene its own courts and try Pakistani civilians for certain alleged crimes by removing their cases from the civilian courts. Even when a Pakistani judge is not intimidated by the government or the military, the Islamic extremist fanatics often assassinate any public official who any one of thousands of fanatics feels is anti-Islamic.
Jefferson, like most Presidents and ex-presidents, had his concerns about the judiciary and judicial checks, especially of the Executive Branch.
He served on a Supreme Court that was as close to political as any had ever been. Hence his great concern.
White was not confirmed.
Then Clarence Thomas replaced Thurgood Marshall on the Supreme Court, there appeared to be a majority of the court that would overturn Roe v. Wade and a woman’s right to an abortion. However it was an election year and the Chief Justice, a Republican, was concerned that if Roe was overturned the electorate might take it out on the Republicans, whose Solicitor Generals had fought to overturn Roe, at the polls. He therefore postponed the hearing of a Pennsylvania case, and then tried to postpone it again till after the election. Blackmun’s memo caused a majority of the court to vote to hear the case with no additional delay. Ironically, by a single vote, Roe was upheld.
Originally it was published in Boston under the name “A Columbian Patriot.”
Some of the Founding Fathers did not conceive of the kind of judiciary where Federal courts could nullify an act of the Congress by declaring a law unconstitutional. Morris was one. Others did. The Constitution is not very explicit on this point, but the nation has settled with a process that would have surprised Morris and a few others.
David Hackett Souter is a retired Associate Justice of the Supreme Court of the United States. He served from October 1990 to his retirement in June 2009. Appointed by US President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts Courts.
