Justice Souter’s recent retirement from the Court after nearly twenty years presents a unique opportunity to comment on his legacy. No doubt others will eulogize or castigate him for his membership in the Planned Parenthood v. Casey troika, but there is much more to the man and his jurisprudence. Indeed, the danger is that Justice Souter will be pigeonholed into one opinion, an opinion that he wrote early in his Supreme Court career, to the detriment of understanding the complex justice that he was. And what it finds is a justice deeply committed to the fair treatment of the litigants that come before him. That trait says much about David Souter, both the justice and the man.
88 Washington University Law Review 289-301 (2010)
Dodson, Scott, "Justice Souter and the Civil Rules" (2010). Faculty Publications. 1118.