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- <text id=90TT2711>
- <title>
- Oct. 15, 1990: Mr. Souter Comes To Town
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Oct. 15, 1990 High Anxiety
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 67
- Mr. Souter Comes to Town
- </hdr>
- <body>
- <p>The frugal bachelor sets up housekeeping after his confirmation
- </p>
- <p>By JEROME CRAMER/WASHINGTON
- </p>
- <p> Even before David Souter takes his place as the 105th
- Justice of the Supreme Court, he has been assured a place in
- history. Well into the next century, future court nominees are
- certain to pore over videotapes of his Senate Judiciary
- Committee hearings, searching for inspiration on how to win
- easy confirmation. Souter's low-key, courteous performance was
- so skillful that the final 90-to-9 vote for his confirmation
- on the Senate floor last week sparked little emotional debate.
- Kate Michelman, director of the National Abortion Rights Action
- League, simply called the Senate vote a "dangerous leap of
- faith."
- </p>
- <p> The fact was that Senators and the American public seemed
- as impressed with Souter's intelligence as they were with his
- image as a shy, decent man who likes old cars, black-and-white
- television sets and the Boston Red Sox. During the confirmation
- hearings, Souter, 51, slept on an extra bed at the apartment
- of his mentor, New Hampshire Senator Warren Rudman; soon he
- will settle into a modest one-bedroom apartment that the
- Justice-to-be found, with Rudman's help, within walking
- distance of the court. Souter's few sticks of furniture and
- more numerous stacks of books will be trucked down by friends
- from Weare, N.H., after the Justice takes his oath of office
- this week. "Nearly every lawyer and friend in New Hampshire
- wants a ticket to the ceremony," says Souter's longtime
- confidant, Tom Rath, a former state attorney general.
- </p>
- <p> Life surely will change for Souter once he officially dons
- his robe--the same one he wore as a U.S. Court of Appeals
- judge in Boston--for the first time, one week into the
- court's new term. The Washington Post has already named him the
- town's leading bachelor, while admitting that he is not exactly
- "your standard hunka hunka burning love." In an effort to help
- him with the local ladies, the Post printed the Supreme Court's
- telephone number (202-479-3000).
- </p>
- <p> Along with a barrage of media attention, Souter faces
- several immediate housekeeping tasks. First is the hiring of
- a secretary and four legal clerks to help sift through the
- mounds of paperwork and petitions that are every Justice's lot.
- His clerks will have a say in which cases the court will hear
- and, along with their fellow clerks, are the only individuals
- who can openly argue the merits of pending cases with the
- Justices. Souter will probably bring at least one clerk with
- him from New Hampshire and will soon begin interviewing the
- flood of candidates clamoring for the remaining jobs.
- </p>
- <p> The clerks will be even more overworked than their peers,
- since tradition dictates that the court's newest member must
- assume additional duties for the eight other Justices. Souter
- will be, among other things, the court's private doorkeeper,
- messenger and designated party giver. Last week Justice Anthony
- Kennedy (until now the low Justice on the totem pole) called
- in Souter, in part to discuss handing over the "new boy's
- duties." Souter will sit on the far left of the bench in a
- chair recently built by the court's carpenters; he will be the
- last person to enter or exit the chamber. When the Justices
- meet in private sessions, Souter will open and close the door
- as well as receive and relay messages. He and his clerks will
- record which of the many thousands of cases the Justices have
- decided to accept for argument. And the newest Justice will be
- responsible for organizing the court's annual staff Christmas
- party. "It's likely to be a pretty meager affair," warns Rath,
- aware of bachelor Souter's frugal habits.
- </p>
- <p> By missing the start of court deliberations, Souter will be
- ineligible to vote on two major cases to be decided this term.
- Last week the court heard arguments in Board of Education of
- Oklahoma City v. Dowell, a case that challenges the power of
- judges to continue court-ordered integration plans after a
- school system has stopped discriminating. The Oklahoma school
- board is petitioning for relief from a 1972 federal district
- court ruling that found the school system segregated and
- ordered a busing plan to promote integration. Almost 20 years
- later, the schools are again divided along racial lines, but
- the board claims this is a result of local housing patterns,
- not of district policies.
- </p>
- <p> Souter also misses the chance to decide on a challenge to
- the constitutionality of heavy punitive damages in civil suits.
- Oral arguments on that issue were presented last week in the
- case of Pacific Mutual Life Insurance Co. v. Haslip. Lawyers
- for the company claim that a $1.1 million punitive-damage award
- imposed in 1987 by a jury, in a case where $4,000 in actual
- damages was awarded, violates 14th Amendment due-process
- rights. Proponents of the damage awards argue that large jury
- penalties help prevent future misconduct.
- </p>
- <p> Feminists who opposed Justice Souter's nomination are much
- more interested in where he will stand on one of the first
- cases to arrive before the court after his swearing in: United
- Auto Workers v. Johnson Controls. The company, which makes
- automotive batteries, excludes all fertile women of
- childbearing years from jobs that would expose their fetuses to
- lead, which can cause birth deformities. Women employees sued
- in 1984, claiming the policy was intentional discrimination
- that limited their right to choose employment opportunities
- over reproduction, and thus was illegal under the 1964 Civil
- Rights Act.
- </p>
- <p> Two lower courts have backed the company, but two prominent
- conservative federal court judges, Frank Easterbrook and
- Richard Posner, sided with the challengers. Court watchers say
- this case will be Souter's first chance to demonstrate his
- sensitivity--or lack of it--to the issues of sexual
- politics that prompted what little opposition there was to his
- setting up bachelor housekeeping in Washington.
- </p>
-
- </body>
- </article>
- </text>
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