cover image David Hackett Souter: Traditional Republican on the Rehnquist Court

David Hackett Souter: Traditional Republican on the Rehnquist Court

Tinsley E. Yarbrough, . . Oxford Univ., $29.95 (311pp) ISBN 978-0-19-515933-2

Little was known about either the personal life or the judicial philosophy of Souter when he was appointed to the High Court in 1990, and that remains true today. As this incisive, judicious biography points out, that's probably how the justice wants it. But Yarbrough, a professor at East Carolina University (The Rehnquist Court and the Constitution ), gets to the core of Souter—and of today's political climate. From his childhood, Souter had many traditional New Englander traits—for instance, hardworking and thrifty—that he continues to this day, eschewing some of the perks afforded high court justices. Yarbrough points out that Souter developed a judicial philosophy emphasizing tradition and precedent. This made him an alluring nominee to the top bench in the wake of the Robert Bork debacle. But as Yarbrough also shows by delineating Souter's decisions, in refusing to overturn court precedent on such hot-button issues as abortion and affirmative action—and in opposing the Court's decision to end all recounts in the 2000 election—Souter's approach has made him a disappointment to conservative hard-liners. At a time when the Supreme Court is once again being remade, this biography opens up the world of one of the court's most intriguing members. (Oct. 1)