Emmett Tyrrell

It is a farmhouse his parents and grandparents inhabited and bequeathed to him, an only child, a bachelor, the Supreme Court's "solitary soul," as the Post subtly joshes. At every opportunity, the liberals write in their bon voyage reminiscences, Souter would flee Washington and drive his Volkswagen sedan to this hick hideout. He eschews airplanes, public appearances, and society in general. Now he is vacating his rented Southwest Washington apartment. He will not spend much time packing because, we are told by the amused liberals, he never unpacked when he drove down from New Hampshire in 1990. He just kept his effects in boxes. So now back into those boxes, he will dump his clunky shoes and his ratty old out-at-the-elbows sweaters before taking his last solitary ride back to the woods. There he likes to hike alone at night with a flashlight. I did not make this up. These are the details that the liberals have been relating as they recapitulate his career as a Republican-turned-progressive. As I say, they are snickering.

They have very little to say about Souter's work on the court other than that he sided routinely with the liberal minority. I can understand their reticence. After conferring with scholars who follow the court, I can report that they recall not one opinion of his that was memorable for anything other than smugness. As one told me, Justice Stephen Breyer's dissents have been "thought-provoking," Justice John Paul Stevens' "intelligent." Souter, in his dissents, has been simply a liberal tag-along. There is something about him that is not quite adult. He asks questions persistently, the liberals say with a wink. Well, so does a lost child.

It is said that Justice Souter is a "ferocious reader." (That from The Washington Post, perhaps again in jest. There is nothing ferocious about this milksop.) Supposedly, he reads a great deal of history, but his rare public remarks give little evidence of it. In one of his occasionally remarked-upon dissents, he seems to be oblivious of history. Two years back, he sided with the liberal minority in expressing the fear that Louisville, Ky., would slide back into segregation, perhaps even Jim Crow, without citywide racial quotas in its schools. If history demonstrates anything, it is that America is well beyond racial bigotry from government, whether local, state or federal.

Souter's bland years on the court should remind us how important it is for our leaders to have experience. President Bush and his advisers might have thought it was clever of them to nominate a judge with almost no paper trail. After serving on the New Hampshire Supreme Court for seven years, Souter served just two months on the 1st U.S. Circuit Court of Appeals before his nomination. But for almost two decades, it has been clear that he is out of his depth. The troubling thought is that the president who is about to nominate Souter's replacement is out of his depth, too.

I began this column with a question. Does the departing justice realize that the liberals, whom he benefited, are snickering? The answer is no. As with much else, he is oblivious.

Emmett Tyrrell

R. Emmett Tyrrell Jr. is founder and editor in chief of The American Spectator and co-author of Madame Hillary: The Dark Road to the White House.
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