The Science of Justice

When Supreme Court Justice David Souter announced on May 1st, 2009 that he would retire, the Court lost one its most agile thinkers on the intersection of science, technology and law.

That mastery, on full display in Justice Souter’s opinion on the landmark file-sharing case MGM Studios, Inc. v. Grokster, Ltd., looks even more miraculous when compared with the Justice’s own personal relationship with technology.

Souter did not own a cell phone, an answering machine or a television. Not only did he not use email or a computer, he didn’t even use a typewriter, and wrote all of his opinions by hand.

In light of Souter’s retirement, PopSci.com spoke with Jeffrey Neuburger, Co-Chair of the Technology, Media and Communications Practice Group at the law firm Proskauer Rose, and Timothy Wu, a professor at Columbia Law School who specializes in telecommunications and net neutrality law, about the science and technology bona fides of the candidates most likely to replace Souter on the bench.