New Hampshire's Only Supreme Court Justice, David Souter, Has Died

CONCORD, NH — New Hampshire’s only Supreme Court justice has died.

David Hackett Souter, a lawyer, former state attorney general, state superior and supreme court judge, and associate justice of the U.S. Supreme Court, died Thursday at 85. Souter was appointed to the court by President George H.W. Bush in 1990.

Souter was born in Melrose, Massachusetts, but spent most of his life on a farm in Weare. He graduated from Concord High School in 1957. Souter was a Rhodes Scholar and attended Harvard Law School. In the late 1960s, he moved back to Concord and worked as an attorney for Orr & Reno. Two years later, he was named assistant attorney general. Souter replaced Warren Rudman as attorney general after Rudman was elected to the U.S. Senate.

Souter became a judge in the late 1970s and was nominated to a federal court of appeals in 1990, and later that year, to the U.S. Supreme Court. Souter was confirmed by a 90-9 vote of the U.S. Senate.

A registered Republican, some liberal activists, and Senators painted him as a right-wing activist, which he was not. Souter often voted with the more liberal members of the court on issues such as free speech and abortion, much to the chagrin of the GOP.

Souter served until 2009 and lived in Hopkinton during his retirement.

During his life, Souter received many accolades, but one was his most recent and cherished: Being named Concord High School’s first Wall of Fame inductee. He said he had “strong subjective feelings” about the school and was “greatly touched” by the honor.

“I had a wonderful three years,” he said in 2023. “And now, all of you here, at the school, and those of you who have come together with me this evening, have given me another reason to love Concord High School.”

New Hampshire Supreme Court Chief Justice Gordon MacDonald said the court conducted its business in the Souter Conference Room in Concord, and were “reminded daily of Justice Souter’s deep intellect, his reverence for the law, his love for our state, and perhaps most of all, his humility.” All involved, he said, would be mourning the loss.

“Having reached the pinnacle of our profession, Justice Souter always remained grounded in New Hampshire. We will continue to be inspired by David Souter’s remarkable legacy,” he added.

Attorney General John Formella said his department was also deeply saddened by his passing.

“From his service as New Hampshire's Attorney General to his tenure on the U.S. Supreme Court, Justice Souter’s commitment to justice and the rule of law left an indelible mark,” he said. “My thoughts are with his family, friends, and all who were touched by his service to New Hampshire and our nation.”

U.S. Rep. Maggie Goodlander, D-NH, who served as a law clerk at the Supreme Court, called Souter a true American hero who understood every ruling in the court would change the lives of Americans in meaningful ways.

“He was a humble man with a granite backbone who always put our country and our Constitution first,” she said. “His commitment to common sense was at the heart of his truly uncommon brilliance. And boy did he love New Hampshire — our history, our poets, our mountains and lakes, and, above all, our people. That is why he approached his work with a simple and powerful commitment to, as he once put it, ‘use every power of our minds and our hearts and our beings to get those rulings right.’ Justice Souter’s memory will forever be a blessing to me as I work every day to bring every power of my mind, heart, and being to do good for our state and our country.”

Senate President Sharon Carson, R-Londonderry, also said Souter would be missed.

“David always stood for the rule of law, which led to him becoming New Hampshire’s 20th Attorney General in 1976,” she said. “Our thoughts and prayers go out to the Souter family during this difficult time.”

Do you have a news tip? Please email it to tony.schinella@patch.com. View videos on Tony Schinella's YouTube.com channel or Rumble.com channel. Patch in New Hampshire is now in 180 communities. Follow the NH Patch political Twitter account @NHPatchPolitics for all our campaign coverage.