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When the first President Bush chose David Hackett Souter for the Supreme Court in 1990, the slender New Englander with the shy demeanor and ambiguous past was quickly dubbed a "stealth candidate". Since his appointment, Souter has embraced a flexible, evolving, and highly pragmatic judicial style that embraces a high regard for precedent--even liberal decisions of the Warren and Burger Courts with which he may have personally disagreed. Ultimately, Yarbrough contends, Souter has become the principal Rehnquist Court opponent of the originalist, text-bound jurisprudence that many of the more conservative Justices profess to champion. Sifting through Souter's opinions, papers of the Justice's contemporaries and other relevant records and interviews, esteemed Supreme Court biographer Tinsley Yarbrough here gives us the real David Souter, crafting a fascinating account of one of the heretofore most elusive Justices in the history of the Court.
This book investigates how David Hackett Souter evolved from a perceived 'stealth candidate' into a pragmatic judicial force on the Rehnquist Court. Tinsley E. Yarbrough, a noted biographer of Supreme Court justices, utilizes a combination of judicial opinions, archival papers from contemporaries, and personal interviews to construct his analysis. The author argues that Souter’s tenure is defined by a commitment to precedent and a rejection of the originalist, text-bound jurisprudence favored by his more conservative colleagues.
What You Will Find
Scope Limits
Legal scholars and political historians view this work as a significant contribution to understanding the internal dynamics of the Rehnquist Court. Readers frequently note the academic density of the prose, which provides a thorough examination of Souter’s legal reasoning for those interested in constitutional law.
Page Count:
328
Publication Date:
2005-01-01
Publisher:
Oxford University Press
ISBN-10:
0190289392
ISBN-13:
9780190289393
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