Judicial

Justice David Souter: A Former Supreme Court Employee Remembers

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When I awoke on Friday, May 9, 2025, the first thing I heard was that retired Justice David Souter had died. Of all the public figures I have met or worked with, he was in many respects, the most impressive. Even now it is hard to believe he is gone. David Souter’s Judicial Philosophy Justice Souter was known for his distinctive judicial philosophy, which embraced a common law approach to interpretation. This approach allowed for both precedent and progress in the law, a balance that characterized much of his work on the Supreme Court. He … Read more

Justice David Souter: A Former Supreme Court Employee Remembers

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When I awoke on Friday, May 9, 2025, the first thing I heard was that retired Justice David Souter had died. Of all the public figures I have met or worked with, he was in many respects, the most impressive. Even now it is hard to believe he is gone. The Legacy of Justice Souter Justice David Souter’s judicial philosophy was deeply rooted in a common law approach to interpretation, allowing for both precedent and progress in the law. He embraced the qualities of a progressive and a Burkean gradualist, which were evident in his … Read more

When rules of statutory interpretation change midstream

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The evolution of statutory interpretation has significant implications for the judicial process, particularly as courts navigate complex legislative frameworks. Recent cases, such as FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., illustrate the shifting methodologies that courts employ in interpreting statutes. This transition from a purposivist approach, which emphasized congressional intent, to a textualist framework that prioritizes the literal text of the law marks a notable change in legal practice. Shifts in Methodology: From Purposivism to Textualism Historically, courts often adopted a purposivist stance, where the intent and objectives behind legislation were paramount … Read more

Judge John D. Bates Receives 2025 Devitt Award

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U.S. District Judge John D. Bates has been honored as the recipient of the 2025 Edward J. Devitt Distinguished Service to Justice Award. This prestigious accolade was presented during a ceremony on October 16, presided over by Chief Justice John G. Roberts, Jr., at the U.S. Supreme Court. The event was marked by the presence of five Associate Justices, underscoring the significance of this recognition within the judicial community. The Significance of the Devitt Award Established 41 years ago, the Devitt Award is bestowed upon an Article III judge who has demonstrated a distinguished career … Read more