Plenary 2: Suter on Souter: A Justice Remembered

Session Description:

Former United States Supreme Court Clerk of Courts William Suter reflects on the work and legacy of Justice David Souter.

Learning Objectives:

By the end of this session, participants will be able to:

1. Reflect on the Judicial Philosophy and Legacy of Justice David Souter
   Analyze Justice Souter’s contributions to constitutional interpretation and the jurisprudence of the U.S. Supreme Court, including his approach to precedent, federalism, and judicial restraint.
2. Gain Historical and Personal Insights from Key Figures Who Worked Alongside Justice Souter
   Learn firsthand accounts and personal anecdotes from colleagues and observers—including William Suter and Thomas Leighton—that illuminate Justice Souter’s character, values, and behind-the-scenes impact on the Court.
3. Understand the Broader Historical Context of Justice Souter’s Tenure
   Situate Justice Souter’s service within the legal and political climate of his era, and appreciate how his decisions continue to influence appellate and constitutional law.
4. Appreciate the Institutional Role of the Supreme Court and Its Traditions
   Examine how Justice Souter’s work reflects the norms, traditions, and inner workings of the Court, including insights from the Clerk’s Office and legal publishing archives.
5. Explore the Role of Legal Memory and Judicial Biography in Shaping Institutional Understanding
   Consider how storytelling, archival preservation, and biographical reflection contribute to the education of judges, lawyers, and the public about the lives and philosophies of Supreme Court justices.

William “Bill” K. Suter, Former United States Supreme Court Clerk of Courts

William Kent Suter (born August 24, 1937) is an American jurist who served as the 19th Clerk of the Supreme Court of the United States, a position he held for twenty-two years. Prior to this, he was a major general in the United States Army; at the time of his retirement in 1991, he had served for over a year as the acting Judge Advocate General.

To distinguish him from former Supreme Court Associate Justice David Souter, Suter was often referred to within the Supreme Court by the nickname “The General” or as “General Suter”. An avid basketball player, he was known throughout his career for his love of the sport. At the Court, he could be seen playing basketball with law clerks on the “highest court in the land”.

After retiring from the Supreme Court, Suter served for two years as a visiting fellow at the Hoover Institution. He also served on the board of visitors of Trinity University and the Campbell University School of Law.

Suter met his wife Jeanie, a now-retired teacher, while attending college in the late 1950s. They have two children and five grandchildren.

Boris Bershteyn, Partner, Skadden, Arps, Slate, Meagher & Flom, New York
Boris Bershteyn is a partner at Skadden, Arps, Slate, Meagher & Flom in New York, where he specializes in antitrust litigation and other complex disputes.  He was recently listed among the country’s top 10 most active antitrust attorneys.  In the past year, he received a Burton Award for Distinguished Legal Writing, a “Litigator of the Week” designation from American Lawyer, and a “Class Action MVP” award from Law360.  He appears on Lawdragon’s lists of 500 Leading Global Litigators, 500 Leading Litigators in America, and 500 Leading Global Antitrust & Competition Lawyers. 

From 2009 to 2013, Boris held a number of senior legal and regulatory positions at the White House and its Office of Management and Budget (OMB). As acting administrator of the Office of Information and Regulatory Affairs (OIRA), Boris headed the federal agency charged with reviewing significant regulations promulgated by other executive branch agencies. His tenure included significant rulemakings in such areas as health care, environmental protection, transportation and financial services. Boris also oversaw federal policy on information, including privacy, and led the Obama administration’s initiative to promote international regulatory cooperation. 

Before heading OIRA, Boris served as general counsel of OMB. He coordinated all of OMB’s litigation and compliance matters and counseled the OMB director on a range of administrative, regulatory, fiscal and legislative issues. Boris led OMB’s legal team during the debt ceiling crisis of 2011, potential government shutdowns and significant congressional investigations. He also was responsible for preparing draft executive orders and similar presidential documents. Boris previously served as OMB’s deputy general counsel. 

From 2010 to 2011, Boris was a special assistant to the president and associate White House counsel, advising senior administration officials on legal aspects of regulatory, economic, health and environmental policy. 

In 2019, Boris was named as a senior fellow of the Administrative Conference of the United States (ACUS), an independent federal agency charged with improving the federal regulatory and administrative process, after having served as a public member since August 2013. Additionally, from 2011 to 2013, Boris served on ACUS’s 10-member governing council, to which he was appointed by President Obama. 

Earlier in his career, Boris served as a law clerk to Justice David H. Souter on the U.S. Supreme Court and Judge José A. Cabranes on the U.S. Court of Appeals for the Second Circuit. He also is a recipient of the Paul and Daisy Soros Fellowship for New Americans. 

Boris also serves as chair of the advisory board of the Institute for Policy Integrity at New York University Law School, a board member of PeerForward and Volunteers of Legal Service, a member of The American Law Institute, and a trustee of the U.S. Supreme Court Historical Society.   

Boris serves on Skadden’s Policy, Ethics, Hiring and Pro Bono committees.