I rather doubt that. How hard would it be to dictate a few words to a clerk? Or better yet, just have the clerk do it all himself? He apparently has told the court NOT to expect a statement from him.
Agreed. I'm reminded though of a story in Bob Woodward's book "The Brethren" in which a liberal Supreme Court justice died back in the 1970s. They asked a clergyman to give a eulogy and the clergyman said "I didn't know the man. Is there anything I could see that would help me find the words to say about him?"
So they led the minister to the justice's office where he found several books and, inside the books, were underlined passages. So the clergyman tried to incorporate the passages into his eulogy.
So as the remaining justices gathered along with Washington heavyweights, the minister delivered his eulogy and one justice nudged the other, pointed to the podium and said "He doesn't know, does he?"
"Know what?"
"The justice always underlined things he vehemently disagreed with."
I tend to agree. It would have gracious of Souter to release even a brief statement. He has no class.
Good grief, even the screaming liberals on the bench are giving eulogies.