Their result for Which Supreme Court Justice Are You Test ...

You are Justice David Souter

You agreed with Souter 88% of the time.

David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. He filled the seat vacated by William J. Brennan.  Appointed to the Court by Republican President George H. W. Bush, he usually votes with the more liberal wing on the Roberts court. He currently ranks fourth in seniority among the Associate Justices.

 

At the time of Souter's appointment, John Sununu assured President Bush and conservatives that Souter would be a "home run" for conservatism.  In his testimony before the Senate, Souter espoused the concepts of originalism and was thus thought by conservatives to be a strict constructionist on Constitutional matters.  However, as a state's attorney and state Supreme Court judge, he had never been tested on matters of federal law.Initially, from 1990 to 1993, Souter tended to be a conservative-leaning Justice, although not as conservative as Antonin Scalia, Clarence Thomas, or William Rehnquist.  In Souter's first year, Souter and Scalia voted alike close to 85 percent of the time; Souter voted with Kennedy and O'Connor about 97 percent of the time. The symbolic turning point came in two cases in 1992, Planned Parenthood v. Casey, in which the Court reaffirmed the essential holding in Roe v. Wade, and Lee v. Weisman, in which Souter voted against allowing prayer at a high school graduation ceremony.

 

In Planned Parenthood v. Casey, Anthony Kennedy considered overturning Roe and upholding all the restrictions at issue in Casey. Souter considered upholding all the restrictions but still was uneasy about overturning Roe. After consulting with O'Connor, however, the three (who came to be known as the "troika") developed a joint opinion that upheld all the restrictions in the Casey case except for the mandatory notification of a husband while asserting the essential holding of Roe, that a right to an abortion is protected by the Constitution. Casey was decided by a 5 to 4 vote.

 

After the appointment of Clarence Thomas, Souter moved to the middle of the idealogical spectrum.  By the late 1990s, Souter began to align himself more with Stephen Breyer and Ruth Bader Ginsburg on rulings, although as of 1995, he sided on more occasions with the most liberal justice, John Paul Stevens, than either Breyer and Ginsburg.  On abortion, Souter began to vote to override restrictions he believed in back in 1992. On death penalty cases, worker rights cases, criminal rights cases, and other issues, Souter began voting with the liberals in the court. So while appointed by a Republican president and thus expected to be conservative, Souter is now considered part of the liberal wing of the Court.

 

According to The New York Times, Souter has "put himself in the camp of jurists who view the Constitution as a flexible set of principles that can evolve."  However, Souter often employs originalist analysis in his opinions; though he often reaches very different conclusions than the Court's conservative wing.

Their Analysis (Vertical line = Average)

  • Alito Distribution

    They scored 14% on Alito, higher than 7% of your peers.

  • Scalia Distribution

    They scored 8% on Scalia, higher than 1% of your peers.

  • Thomas Distribution

    They scored 17% on Thomas, higher than 9% of your peers.

  • Roberts Distribution

    They scored 13% on Roberts, higher than 7% of your peers.

  • Kennedy Distribution

    They scored 52% on Kennedy, higher than 19% of your peers.

  • Stevens Distribution

    They scored 80% on Stevens, higher than 86% of your peers.

  • Souter Distribution

    They scored 88% on Souter, higher than 95% of your peers.

  • Breyer Distribution

    They scored 71% on Breyer, higher than 83% of your peers.

  • Ginsburg Distribution

    They scored 88% on Ginsburg, higher than 94% of your peers.

All possible test results

You are Justice Antonin Scalia

Antonin Gregory Scalia (born March 11, 1936) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States.  Appointed by Republican Presiden... Read more

You are Justice Clarence Thomas

Clarence Thomas (born June 23, 1948) is an American jurist. He has served as an Associate Justice of the Supreme Court of the United States since 1991 and is the second African American to ... Read more

You are Chief Justice John Roberts

John Glover Roberts, Jr. (born January 27, 1955) is the seventeenth and current Chief Justice of the United States. He has served since 2005, having been nominated by President George W. Bu... Read more

You are Justice Anthony Kennedy

Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U.S. Supreme Court since 1988. Appointed by Republican President Ronald Reagan,... Read more

You are Justice John Paul Stevens

John Paul Stevens (born April 20, 1920) is the senior Associate Justice of the Supreme Court of the United States. He joined the Supreme Court in 1975 and is the oldest member of the Court.... Read more

You are Justice David Souter

David Hackett Souter (born September 17, 1939) has been an Associate Justice of the Supreme Court of the United States since 1990. He filled the seat vacated by William J. Brennan.  Appoin... Read more

You are Justice Stephen Breyer

Stephen Gerald Breyer (born August 15, 1938) is an American attorney and jurist. Since 1994, he has served as an Associate Justice of the U.S. Supreme Court. Appointed by Democratic Preside... Read more

You are Justice Ruth Bader Ginsburg

Ruth Joan Bader Ginsburg (born March 15, 1933) is an Associate Justice on the U.S. Supreme Court. She was appointed by Democratic President Bill Clinton with the support of Republican Judic... Read more

You are Justice Samuel Alito

Samuel Anthony Alito, Jr. (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. Appointed by President George W. Bush, Alito is generally considered a fair... Read more

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