Supreme Court Justices Scalia and Souter have been in the news this week. Justice Scalia was on CBS’s 60 Minutes and several NPR programs. (Part One, Part Two, Part Three) The much more reticent Justice Souter delivered a speech which included a story about a recent visit to the Gettysburg Battlefield. Justice Souter used the story of the famous bayonet charge of the 20th Maine Volunteers down Little Round Top as an illustration of a moment when history pivots.
Jeffrey Toobin tells a story about Justice Souter’s reticence in his book, The Nine. The justice was on his way home to New Hampshire and stopped at a road-side restaurant for a meal. Someone came up to him and asked if wasn’t a Supreme Court Justice. Souter admitted to it. Soon it became apparent that the man had mistaken Souter for Justice Breyer. The man asked Justice Souter what was the best thing about being on the Court. He responded, “Well, I’d have to say it’s the privilege of serving with David Souter.”
Justice Scalia, in his interviews, discussed his life and judicial philosophy, originalism, which we have explained in our Maiden-Tied-to-the-Tracks series: Part One, Part Two, Part Three)
