Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines the judicial legacy of Justice David Souter, focusing on how his intellectually rigorous and nuanced approach in key Supreme Court cases—particularly Bell Atlantic Corp. v. Twombly and United States v. Mead Corp.—has had lasting but complex effects. Professor Citron argues that while Souter’s brilliance and detailed reasoning reflected a high-minded commitment to the common law tradition, his tendency to write narrowly yet extensively may have unintentionally undermined the clarity and durability of his rulings.
Cornell Law professor Michael C. Dorf examines the judicial philosophy and legacy of Supreme Court Justice David H. Souter, contrasting him with ideologically driven judges and situating his approach within the traditional conservative lineage of Justices Felix Frankfurter and John Marshall Harlan. Professor Dorf argues that, despite being criticized by conservatives, Souter embodied a principled, restrained, and thoughtful conservatism that emphasized judicial humility and methodological integrity—qualities lacking in today’s ideologically rigid judiciary.
