Politics
David H. Souter, a retired Supreme Court Justice, has died
WASHINGTON — Retired Supreme Court Justice David H. Souter, the shy and frugal small-town New Englander who was touted as a conservative but surprised his Republican backers and nearly everyone else by becoming a staunch liberal on the high court, has died, the court said in a statement Friday. He was 85.
Souter stepped down in 2009 after nearly two decades on the court where he cast key votes to uphold laws on campaign finance, environmental protection, civil rights and church-state separation. He also played a crucial role in upholding a woman’s right to choose abortion in 1992.
Chief Justice John G. Roberts said in a statement that “Justice Souter served our court with great distinction for nearly 20 years. He brought uncommon wisdom and kindness to a lifetime of public service.”
Souter often said he liked the court work, but he did not like living in Washington and looked forward to returning home.
“After retiring to his beloved New Hampshire in 2009, he continued to render significant service to our branch by sitting regularly on the court of appeals for the First Circuit,” Roberts said.
As an appointee of President George H.W. Bush, Souter was expected to join with then-Chief Justice William H. Rehnquist and other conservatives who were determined to overturn Roe v. Wade, the landmark 1973 decision that expanded abortion rights.
But when a Pennsylvania test case came before the court in 1992, Souter instead joined moderate Justices Sandra Day O’Connor and Anthony M. Kennedy to affirm the right to abortion. Souter saw the issue as a matter of precedent.
Repealing the constitutional right to abortion would be “a surrender to political pressure,” he wrote. “To overrule under fire in the absence of the most compelling reason to re-examine a watershed decision would subvert the Court’s legitimacy beyond any serious question.”
That decision stood for 30 years, but in 2022, three new justices appointed by President Trump played key roles in overturning the constitutional right to abortion and leaving it to the states to decide.
Souter had also cast key votes to maintain church-state separation. In 1992, he joined a 5-4 decision that upheld the strict ban on school-sponsored prayers at graduations. The five justices who voted to uphold the abortion right and the ban on school prayers were all Republican appointees.
But they no longer reflected the views of a more socially conservative GOP, and Souter was denounced by some in the party as a turn-coat. By the late 1990s, “No more Souters” had become a rallying cry for conservative legal activists.
“Justice Souter was a judicial version of a disappearing phenomenon: the moderate New England Republican,” said Pamela Karlan, a professor at Stanford Law School. “He was not a true liberal and would not have been a liberal on the court of the 1960s and ‘70s. But he believed in privacy and civil rights and precedents, and that made him a liberal on the court of his day.”
He was unusual in other ways. Shortly after he arrived as a new justice in 1990, he was dubbed one of the city’s “most eligible bachelors” in the Washington Post, leading to a series of dinner invitations. He usually found himself seated between a single woman and a guest who spoke only Japanese, he later joked.
Souter became adept at turning down invitations. He would dine with Justice John Paul Stevens and his wife, or with O’Connor, but mostly he worked and ate alone. He spent evenings jogging along the waterfront near his small apartment.
Whenever the court took an extended break, Souter drove to the farmhouse where he grew up in tiny Weare, N.H., so he could hike.
He was in good health and not yet 70 when President Obama moved into the White House in early 2009. Soon after, Souter passed word that he intended to retire. Obama chose Judge Sonia Sotomayor, the first Latina on the high court, to replace him.
Souter was dubbed a “stealth nominee” when he arrived in Washington in 1990, and he remained a mystery when he left. He did no interviews and made no public statements.
Back in New Hampshire, he continued to serve part time as a retired judge on the 1st Circuit Court of Appeals in Boston, deciding low-profile cases out of the public spotlight.
Souter was not the first justice to surprise the president who appointed him, but he may be among the last. Since Souter’s time — and indeed, partly in reaction to him — presidents have carefully selected court nominees with public records showing they shared similar views on legal issues.
Souter had deep ties to the Republican Party. He carried a gold watch that was a prized possession of a great-great-grandfather who attended the Republican party convention of 1860 that nominated Abraham Lincoln as president.
The GOP supported environmental conservation and the separation of church and state when Souter was growing up. But it grew increasingly more conservative over the decades, and Souter didn’t always agree.
In July 1990, he was a 50-year-old bachelor who lived alone in a farm house with peeling paint and books on the floor. He had just been named to the U.S. court of appeals in Boston. Until then, he had spent his entire career as a prosecutor, state attorney and judge in New Hampshire.
His scholarly manner and devotion to the law had won him influential admirers, including then-Sen. Warren Rudman and former New Hampshire Gov. John Sununu, who was then-White House chief of staff to the first President Bush.
When the Supreme Court’s liberal leader, William J. Brennan, suffered a stroke and announced his retirement, Souter’s name made the president’s short list of possible nominees.
Bush was anxious to avoid a fight with Senate Democrats over abortion and civil rights. Republicans still smarted from the Senate’s defeat in 1987 of Judge Robert Bork, whose strongly conservative writings convinced critics he was too extreme to be confirmed.
Souter seemed an ideal nominee. He was conservative, or at least old-fashioned. He wrote with a fountain pen, not a computer. And he ignored television. He only learned Brennan was stepping down when a postal clerk in his town shared the news.
Two days later, Souter stood in the White House press room as Bush announced his nomination. Souter was said to have no “paper trail,” but Sununu privately assured activists that he would be a “home run for conservatives.”
Liberal Democrats, led by Sen. Edward Kennedy of Massachusetts, were Souter’s sharpest critics that summer, while the arch-conservative Sen. Strom Thurmond of South Carolina led the fight to confirm him. In less than two years, it became clear that both sides had miscalculated.
By the mid-1990s, Souter had allied himself with Stevens, another moderate Republican who also seemed to move left, and with Justices Ruth Bader Ginsburg and Stephen G. Breyer, the two appointees of President Clinton. They formed a liberal bloc in cases where the court split along ideological lines.
David Hackett Souter was born in Melrose, Mass., on Sept. 17, 1939, the only child of Joseph and Helen Souter. His father was a banker and his mother a gift shop clerk. When he was 11, the family moved to the New Hampshire farm house in Weare that remained Souter’s primary home until after his retirement.
As a Harvard undergraduate, Souter dated a young woman and spoke of marrying her. But when he won a prestigious Rhodes Scholarship and went to England to study at Oxford University, she found someone else.
Souter told friends he was disappointed he never married. After graduating from Harvard Law School in 1966, he eschewed the big-city law firms and returned to the small-town life and rugged mountains of the New Hampshire he loved.
Friends and former clerks say Souter was never a true conservative as his early backers said, nor was he a solid liberal as he was portrayed years later.
Souter was “a judge’s judge,” said Penn Law Professor Kermit Roosevelt, who clerked for him in 1999. “He didn’t have a political agenda. People had a mistaken idea of what they were getting when he was appointed.”
Construction workers unfurled a large printed tarp to cover scaffolding installed at the White House’s front entrance. Doug Burgum, the interior secretary, said President Trump had ordered the repairs after noticing damage to columns.
Politics
WATCH: Trump’s Energy chief reveals what escalating Iran tensions could mean for gas prices
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Energy Secretary Chris Wright is telling Americans not to be concerned about the possibility of another surge of sharp increases in gasoline prices as tensions with Iran have started to escalate once again.
Asked whether Americans should worry about higher prices at the pump and how the Trump administration is preparing to keep the economy stable if the conflict continues to worsen, Wright told Fox News Digital: “It has not been any good behavior from Iran that’s allowed oil to flow. It’s been the United States military.”
“That’s not changing,” he assured, speaking from the Great American State Fair on the National Mall this week.
US CLAWS BACK KEY CONCESSION TO IRAN AFTER FRESH ATTACKS ON COMMERCIAL SHIPS IN STRAIT OF HORMUZ
(Mario Tama/Getty Images) (Mario Tama/Getty Images)
With Iran striking three commercial vessels transiting the Strait of Hormuz on Monday and Tuesday, Wright doubled down in urging citizens to not credit Iran for the U.S. military’s work to ensure oil shipments continue flowing through the strait.
“Look, the U.S. Military has been the key asset here,” he said. “They have assured the flow of oil and gas through the Strait of Hormuz throughout. Not at the beginning of this conflict, but through the last six weeks.”
Wright said the administration is closely monitoring global oil supplies as the tentative ceasefire with Iran seemingly came to come to a halt, with President Donald Trump telling Secretary-General Mark Rutte the call for peace with Iran is “over” at the NATO Summit in Turkey on Wednesday.
But, he pointed to the continued shipping through the Strait as evidence that markets should remain stable.
TRUMP SAYS IRAN CEASEFIRE IS ‘OVER’ AFTER IRANIAN ATTACKS TRIGGER MASSIVE US RESPONSE
President Donald Trump speaks at the White House on Tuesday, April 22. (AP/Alex Brandon)
“We’re of course constantly watching the supply of oil, the supply of refined products and what’s going on there,” Wright said. “And I think still all positive trends.”
Beyond geopolitical concerns, Wright also praised the new chain of discounted gas stations across Pennsylvania and New Jersey, Freedom Fuel, which promises customers prices below the national average.
The Trump administration, though not involved with the network, has heavily endorsed the new chain and its 25 locations.
“We love it,” Wright said when asked about Freedom Fuel. “I mean, look, any mechanism we can to lower energy costs for Americans of all kinds, we’re all in on.”
“With Freedom Fuels, they’re just lowering it down to their wholesale price of gasoline,” Wright said. “So they’re not making any money selling gasoline, but they’ve got convenience stores. That’s how most gas stations make money.”
NEWSOM UNDER FIRE AS CALIFORNIA GAS TAX HIKE SENDS PUMP PRICES EVEN HIGHER
Gasoline costs are a known concern for many Americans, and amid surging prices there has been a considerable increase in those opting to purchase electric vehicles to save money long-term at the pump — with Tesla dominating the market for these types of models.
Wright argued one of the benefits to living in America is having the option to choose what type of vehicle you drive.
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“We just want people to buy what they would prefer,” he told Fox News Digital when asked his thoughts on increasing calls for support of the electrification of cars. “Consumer choice — you wanna buy an electric car, you wanna buy a gas powered car, diesel powered car, buy a big truck. That’s the choice.”
“That’s why you live in America. You get the choice of all those.”
In 2023, California regulators levied more than $100,000 in fines against the private operator of a federal immigration facility, kicking off a three-year battle over whether detainees who do work at the facilities should be considered employees.
The question went beyond semantics: If considered employees, the detainees would be subject to state worker protection laws.
A legal settlement announced this week now affirms that private immigrant detention facilities are subject to California’s workplace safety and health requirements.
“Every worker deserves a safe and healthy workplace and should be able to report workplace hazards without fear of retaliation,” said Denisse Gómez, spokesperson for the California Division of Occupational Safety and Health or Cal/OSHA.
“Individuals who perform work in these facilities are entitled to workplace safety protections, and this settlement reinforces Cal/OSHA’s commitment to enforcing those protections and safeguarding vulnerable workers,” she added.
Under the settlement between California and the GEO Group, a Florida-based private prison company, the company recently withdrew its legal challenges and agreed to pay more than $100,000 in the fines.
The GEO Group did not respond to requests for comment.
Back in 2023, Cal/OSHA issued $104,510 in fines against the GEO Group. The agency had found six violations of state code by the company after detainees complained about a lack of protective equipment and proper training while cleaning the facility for $1 per day.
Detainees alleged they routinely wiped black mold off shower walls at the facility, saw black dust spew from air vents and used cleaning solutions that lacked instructions during the COVID-19 pandemic.
The biggest fine levied against the GEO Group was for failure to establish and maintain “effective written procedures to reduce employee risk of exposure to aerosol transmissible disease.”
Advocates viewed Cal/OSHA’S recognition of the detainees as workers as a victory that could pave the way for future labor rights fights at other detention centers in the state.
But the GEO Group appealed, arguing that detainees participating in ICE’s voluntary work program make their own schedules and aren’t employees, so hazard exposure couldn’t be “as a result of assigned duties,” as California law states. Plus, the company argued, there wasn’t enough evidence that detainees were exposed to any hazard.
Early last year, the state’s Occupational Safety and Health Appeals Board rejected the GEO Group’s argument and found that detainees should be considered “affected employees.”
The GEO Group sued, but three days before a California Superior Court hearing in May, the company and Cal/OSHA reached the settlement.
Along with paying the fines, the GEO Group agreed to draft plans for avoiding aerosol transmissions at 12 secure and reentry facilities in California, including five detention centers that hold immigrants.
“GEO ensures detainees are afforded the necessary tools, equipment, and personal protective equipment … to safely and effectively perform any necessary tasks,” the settlement states.
Gómez said the settlement also leaves intact the appeals board’s ruling that civil immigration detainees who participate in work programs can participate in proceedings anonymously, “acknowledging the potential for retaliation when individuals raise workplace safety concerns.”
But the question of whether detainees are employees and deserve certain protections isn’t entirely resolved — at least not for the federal government.
Last month, U.S. Immigration and Customs Enforcement released new standards for detention facilities across the country. The revised guidelines “emphasize that detainee volunteers participating in the voluntary work program are not considered facility and/or government employees” and thus not entitled to labor regulations.
Attorney Mariel Villarreal said the timing of the new detention standards made her question whether the GEO Group had asked ICE to specify in its standards that detainees are not workers in response to its battle with Cal/OSHA.
“To me, it’s a reaction to this very settlement,” she said. Villarreal works for the California Collaborative for Immigrant Justice, which filed the original complaint on behalf of detainees who said they worked in unsafe conditions.
Villarreal pointed to a Washington Post report that GEO Group executives privately asked ICE to specify that detainees are not employees of the facilities where they work. Two top Trump administration officials, border czar Tom Homan and acting ICE director David Venturella, previously worked for the GEO Group.
New versions of ICE detention standards take effect as contracts are established or modified, so this year’s rules won’t immediately apply to every facility.
An ICE spokesperson did not comment about the settlement. The spokesperson, who did not provide their name in an emailed statement Wednesday, said the agency has begun transitioning detention facilities to meet the 2026 standards, “building on its longstanding commitment to safe, secure, and professional detention operations.”
“ICE has consistently implemented many of these best practices independently, reinforcing its role as the leader in detention operations,” the spokesperson added.
The GEO Group and other immigrant detention center operators have faced other legal battles over workers’ rights, including lawsuits in Washington, Colorado and California over the $1-per-day payment.
Villarreal said she’s confident that the Cal/OSHA settlement would continue to hold even if California facilities incorporated the new standards. But she said she believes the statements are an attempt by the GEO Group to “sidestep responsibility” and avoid the possibility of being fined under similar circumstances in other states.
“These statements in the new standards are a way for them to try and preserve profits as much as possible,” she said. “GEO and ICE are so intertwined at this point that they have the same motives.”
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