Home -> Law Blog Directory -> Litigation Blogs -> The Gavel
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Litigation
: The GavelSouter Speech Prompts Diverse Opinions
By Peter Hardin
Retired Justice David H. Souter’s recent commencement speech at Harvard is causing ripples–depending who you listen to.
In the New York Times’ Opinionator blog, Linda Greenhouse said she listened to the speech “with a mixture of joy and relief.” She summed up:
“[F]or those who care about the Supreme Court, Justice Souter served up some rich fare: his own vision of the craft of constitutional interpretation and a defense of the need for judges to go beyond the plain text ? what he called the ?fair-reading model? ? and make choices among the competing values embedded in the Constitution.”
In an editorial, the Los Angeles Times called it “a compelling argument on why the Supreme Court must constantly interpret the Constitution and why that isn’t ‘activism.’” The editorial recommended that senators who will vote on the confirmation of Elena Kagan to the Supreme Court read the speech.
Commentator E.J. Dionne wrote in the Washington Post that Justice Souter’s speech “should become the philosophical shot heard ’round the country,” as the jurist “took direct aim at the conservatives’ favorite theory of judging,” or “originalism.”
Matthew J. Franck in National Review Online disagreed strenuously. He countered that “it doesn?t come close to living up to Dionne?s build-up. In fact, it?s not even clear that the speech is any kind of attack on ‘originalism,’ let alone the demolition job Dionne thinks it is.”
You can read a neutral account of Justice Souter’s speech in this earlier Gavel Grab post.
Full post as published by The Gavel on June 04, 2010 (boomark / email).
Parody is a Protected Form of Speech
Targets of criticism seek to shut down Internet sites that poke fun
Free Speech
Canterbury agrees to pay $60,000 settlement in civil rights lawsuit.
Indianapolis
alleging the city's police are overly aggressive against the homeless in violation of the protection of free speech and unreasonable searches guaranteed in the US Constitution.
Peanut Risk Prompts Nestle Recall
Peanut Risk Prompts Nestle Recall
FDA Review of Prostate Cancer Treatment Prompts Warning of Risk for Diabetes
Prostate Cancer Treatment FDA Review Prompts Warning of Risk for Diabetes
Xigris
Study Prompts FDA Safety Review
Passport Delays
Prompts Class Action

Justice Souter and the Supreme Courts Church-State Balance
Souter on Constitutional Interpretation
David Souter’s Harvard Graduation Speech: One for the Books
Whats in Souters Future Civics, for Starters
"Diverse Opinions: Sotomayor and a breakthrough nomination."
"Souter defends judicial activism; Says perspectives change with time"








