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U.S. Supreme Court

Few Zinger Quotes from Souter Reflect His Cautious Approach

Posted May 7, 2009 12:12 PM CST
By Debra Cassens Weiss

Retiring U.S. Supreme Court Justice David H. Souter had few zinger quotes in his legal opinions, a reflection of his incremental approach to decision-making.

Fred Shapiro, the editor of The Oxford Dictionary of American Legal Quotations, asked constitutional law professors for memorable Souter quotes, and received four suggestions, the New York Times reports. Only two came from his legal opinions written during his 19 years on the bench.

The other two quotes were from outside the courtroom. They are:

“The day you see a camera come into our courtroom, it’s going to roll over my dead body.”

“I find the workload of what I do sufficiently great that when the term of court starts, I undergo a sort of annual intellectual lobotomy.”

Shapiro says Souter isn’t the only justice with a bland writing style. “The contemporary Supreme Court is woefully lacking in eloquence,” Shapiro told the Times. “Justice Souter, despite being an intelligent jurist with a wry sense of humor, is as eloquence-challenged as the others, and there are few memorable lines in his opinions.”

The Times says the lack of zingers in opinions “reflects a wariness of grand theories and the consensus among admirers and detractors alike that his influence is likely to be limited.” The story says Souter is “by temperament and design, a low-impact justice” who makes incremental adjustments in legal doctrine.

Comments

1.

B. McLeod
May 7, 2009 12:37 PM CST

Don’t all appellate courts take an “incremental approach to decision making,” in the sense that they take only the cases (or a subset of the cases) for which review is sought, and theoretically decide only those issues necessary to properly determine the outcome?

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2.

JN
May 7, 2009 1:46 PM CST

All I know is that I would like to party with Justice Souter. His surname has a ring that was meant to be chanted repeatedly, encouraging excessive consumption of alcohol.

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3.

Eloquence (JAG CALWP)
May 7, 2009 2:13 PM CST

We could use a bit of Justices Holmes, Brandeis, Cardozo, Black, et al.

Some dissents of Justices Murphy and Rutledge later became welcomed and respected law.

2009-05-07-5 1617 -0400

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4.

JR
May 8, 2009 10:01 AM CST

Don’t confuse “zingers” which can turn off other justices with eloquence that moves them.  Justice Scalia’s opinions contain many of the former.  Reportedly, he managed to alienate Justice O’Connor, one of his main targets, with that heated writing and he destroyed his chances to influence the outcome of close cases.
Eloquence, such as that of Justice Harlan I in Plessy and Justice Brandeis in Olmstead, enlightens and can move mountains.
We need eloquence, not “zingers” in the new appointee.

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5.

B. McLeod
May 8, 2009 9:28 PM CST

Just as a fish should never leave the water, a Zinger should never be taken from its cellophane wrapper.

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