31
May
10

Justice Souter’s Defense of Judicial Activism

Retired Supreme Court Justice David Souter defended the court against what he described as “charges of lawmaking and constitutional novelty.” Delivering the commencement address at Harvard University, Souter said the criticisms “tend to miss themark” and reflect a “hunger for certainty and control that the fair reading model seems to promise.”

Without mentioning Supreme Court nominee former Harvard law School Dean Elena Kagan by name, Souter predicted the confirmation hearings and the quickened pace of decisions at the end of the court’s term will revive what he described as a “simplistic view of the Constitution” held by many of the court’s critics.

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