Bush v. Gore: The Rule of Law

Retired Supreme Court Justice David Souter passed away on May 8, 2025, at his home in New Hampshire. In this episode, his former clerks, Judge Kevin Newsom of the U.S. Court of Appeals for the 11th Circuit and Professor Jeannie Suk Gersen of Harvard Law School, join Jeffrey Rosen for a conversation on Justice Souter’s life and constitutional legacy. Retired Justice Stephen Breyer also shares memories of his former colleague. 

Resources

• Jeannie Suk Gersen, “Justice Souter Was the Antithesis of the Present,” The New Yorker (May 15, 2025) 
• Linda Greenhouse, “David H. Souter, Republican Justice Who Allied With Court’s Liberal Wing, Dies at 85,” The New York Times (May 9, 2025)
• Planned Parenthood v. Casey (1992) 
• Bush v. Gore (2000) 
• Atwater v. City of Lago Vista (2001)

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