Souter Would Not Rule Out Death Penalty

Supreme Court nominee David Souter said today he would not rule out the death penalty as a violation of the constitutional ban on “cruel and unusual punishment.”

“I think that would be an insupportable constitutional conclusion,” Souter told the Senate Judiciary Committee. “That is an opinion I could not join.”

If confirmed, Souter’s view would be in line with the current majority of the high court. His response underscored his reputation as a law-and-order judge.

Souter, in his third day of testimony, today explained his approach to a range of criminal law cases, including one in which he supported police use of sobriety checkpoints.

During his tenure on the New Hampshire Supreme Court, it ruled against the checkpoints as violating people’s rights. But Souter alone dissented.

In his testimony today, Souter said the checkpoints differed from other searches because driving a car is “a highly dangerous and regulated activity.” He said if the checkpoints were properly conducted, police were correct in using them to try to prevent tragedy.

The use of police sobriety checks was upheld by the U.S. Supreme Court earlier this year.