Judges from the United States

"The office of the lawyer, however poorly filled, is too delicate, personal and confidential to be occupied by a corporation."

"Our people do not want barren theories from their democracy. Maury Maverick has expressed very quaintly, but clearly, what they really want when he says: 'We Americans want to talk, pray, think as we please — and eat regular'."

"He loved his profession, he had a real sense of dedication to the administration of justice, he held his head high as a lawyer, he rendered and exacted courtesy, honor and straightforwardness at the Bar. He respected the judicial office deeply, demanded the highest standards of competence and disinterestedness and dignity, despised all political use of or trifling with judicial power, and had an affectionate regard for every man who filled the exacting prescription of the just judge. The law to him was like a religion, and its practice was more than a means of support; it was a mission. He was not always popular in his community, but he was respected. Unpopular minorities and individuals often found in him their only mediator and advocate. He was too independent to court the populace - he thought of himself as a leader and lawgiver, not a mouthpiece."

"Often his name was, in a generation or two, forgotten. It was from this brotherhood that America has drawn its statesmen and its judges. A free and self-governing Republic stands as a monument for the little-known and unremembered as well as for the famous men of our profession."

"The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech and religion. In this field, every person must be his own watchman for truth, because the forefathers did not trust any government to separate the true from the false for us."

"I used to say that, as Solicitor General, I made three arguments in every case. First came the one I had planned – as I thought, logical, coherent, complete. Second was the one actually presented – interrupted, incoherent, disjointed, disappointing. The third was the utterly devastating argument that I thought of after going to bed that night…"

"On your first appearance before the Court, do not waste your time and ours telling us so. We are likely to discover for ourselves that you are a novice but will think none the less of you for it. Every famous lawyer had his first day at our bar, and perhaps a sad one…. Be respectful, of course, but also be self-respectful, and neither disparage yourself nor flatter the Justices. We think well enough of ourselves already."

"Our forefathers found the evils of free thinking more to be endured than the evils of inquest or suppression. This is because thoughtful, bold and independent minds are essential to wide and considered self-government,"

"When the Court moved to Washington in 1800, it was provided with no books, which probably accounts for the high quality of early opinions."

"My philosophy has been and continues to be that [the Court] cannot and should not try to seize the initiative in shaping the policy of the law, either by constitutional interpretation or by statutory construction. While the line to be drawn between interpretation and legislation is difficult, and numerous dissents turn upon it, there is a limit beyond which the Court incurs the just charge of trying to supersede the law-making branches. Every Justice has been accused of legislating and every one has joined in that accusation of others. When the Court has gone too far, it has provoked reactions which have set back the cause it is designed to advance and has sometimes called down upon itself severe rebuke."

"When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding."

"Something happens to a man when he puts on a judicial robe, and I think it ought to. The change is very great and requires psychological change within a man to get into an attitude of deciding other people's controversies, instead of waging them. It really calls for quite a changed attitude. Some never make it - and I am not sure I have."

"The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen's friends interviewed. The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard. Or he may go on with a public trial. If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspended sentence, and after he is put away, as to whether he is a fit subject for parole. While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst."

"These powers have been granted to our law-enforcement agencies because it seems necessary that such a power to prosecute be lodged somewhere. This authority has been granted by people who really wanted the right thing done- wanted crime eliminated-but also wanted the best in our American traditions preserved."

"Because of this immense power to strike at citizens, not with mere individual strength, but with all the force of government itself, the post of federal district attorney from the very beginning has been safeguarded by presidential appointment, requiring confirmation of the senate of the United States. You are thus required to win an expression of confidence in your character by both the legislative and the executive branches of the government before assuming the responsibilities of a federal prosecutor."

"Your responsibility in your several districts for law enforcement and for its methods cannot be wholly surrendered to Washington, and ought not to be assumed by a centralized department of justice. It is an unusual and rare instance in which the local district attorney should be superseded in the handling of litigation, except where be requests help of Washington. It is also clear that with his knowledge of local sentiment and opinion, his contact with and intimate knowledge of the views of the court, and his acquaintance with the feelings of the group from which jurors are drawn, it is an unusual case in which his judgment should be overruled. Experience, however, has demonstrated that some measure of centralized control is necessary. In the absence of it different district attorneys were striving for different interpretations or applications of an act, or were pursuing different conceptions of policy. Also, to put it mildly, there were differences in the degree of diligence and zeal in different districts. To promote uniformity of policy and action, to establish some standards of performance, and to make available specialized help, some degree of centralized administration was found necessary."

"Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just. Although the government technically loses its case, it has really won if justice has been done."

"Any prosecutor who risks his day-to-day professional name for fair dealing to build up statistics of success has a perverted sense of practical values, as well as defects of character. Whether one seeks promotion to a. judgeship, as many prosecutors rightly do, or whether he returns to private practice, he can have no better asset than to have his profession recognize that his attitude toward those who feel his power has been dispassionate, reasonable and just."

"There is a most important reason why the prosecutor should have, as nearly as possible, a detached and impartial view of all groups in his community. Law enforcement is not automatic. It isn't blind. One of the greatest difficulties of the position of prosecutor is that he must pick his cases, because no prosecutor can even investigate all of the eases in which he receives complaints. If the department of justice were to make even a pretense of reaching every probable violation of federal law, ten times its present staff would be inadequate. We know that no local police force can strictly enforce the traffic laws, or it would arrest half the driving population on any given morning, [sic!] What every prosecutor is practically required to do is to select the cases for prosecution and to select those in which the offense is the most flagrant, the public harm the greatest, and the proof the most certain."

"If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm-in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself."

"In times of fear or hysteria· political, racial, religious, social, and economic groups, often from the best of motives, cry for the scalps of individuals or groups because they do not like their views. Particularly do we need to be dispassionate and courageous in those cases which deal with so called "subversive activities." They are dangerous to civil liberty because the prosecutor has no definite standards to determine what constitutes a "subversive activity," such as we have for murder or larceny. Activities which seem benevolent and helpful to wage earners, persons on relief, or those who are disadvantaged in the struggle for existence may be regarded as "subversive" by those whose property interests might be burdened or affected thereby. Those who are in office are apt to regard as "subversive" the activities of any of those who would bring about a change of administration. Some of our soundest constitutional doctrines were once punished as subversive. We must not forget that it was not so long ago that both the term "Republican" and the term "Democrat" were epithets with sinister meaning to denote persons of radical tendencies that were "subversive" of the order of things then dominant."

"In the enforcement of laws that protect our national integrity and existence, we should prosecute any and every act of violation, but only overt acts, not the expression of opinion, or activities such as the holding of meetings, petitioning of congress, or dissemination of news or opinions. Only by extreme care can we protect the spirit as well as the letter of our civil liberties, and to do so is a responsibility of the federal prosecutor."

"Another delicate task is to distinguish between the federal and the local in law-enforcement activities. We must bear in mind that we are concerned only with the prosecution of acts which the congress has made federal offenses. Those acts we should prosecute regardless of local sentiment, regardless of whether it exposes lax local enforcement, regardless of whether it makes or breaks local politicians. [...] In spite of the temptation to divert our power to local conditions where they have become offensive to our sense of decency, the only long-term policy that will save federal justice from being discredited by entanglements with local politics is that it confine itself to strict and impartial enforcement of federal law, letting the chips fall in the community where they may. Just as there should be no permitting of local considerations to stop federal enforcement, so there should be no striving to enlarge our power over local affairs and no use of federal prosecutions to exert an indirect influence that would be unlawful if exerted directly."

"The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman. And those who need to be told would not understand it anyway. A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power, and the citizen's safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims, who serves the law and not factional purposes, and who approaches his task with humility."

"For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy."

"While the Declaration was directed against an excess of authority, the Constitution was directed against anarchy."

"Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault."

"We must make clear to the Germans that the wrong for which their fallen leaders are on trial is not that they lost the war, but that they started it. And we must not allow ourselves to be drawn into a trial of the causes of the war, for our position is that no grievances or policies will justify resort to aggressive war. It is utterly renounced and condemned as an instrument of policy."

"The privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility. The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason."

"If we can cultivate in the world the idea that aggressive war-making is the way to the prisoner's dock rather than the way to honors, we will have accomplished something toward making the peace more secure."

"We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well."

"If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us."

"Of one thing we may be sure. The future will never have to ask, with misgiving, what could the Nazis have said in their favor. History will know that whatever could be said, they were allowed to say. They have been given the kind of a Trial which they, in the days of their pomp and power, never gave to any man."

"The plans of Adolf Hitler for aggression were just as secret as Mein Kampf, of which over six million copies were published in Germany. He not only openly advocated overthrowing the Treaty of Versailles, but made demands which went far beyond a mere rectification of its alleged injustices (GB-128). He avowed an intention to attack neighboring states and seize their lands, which he said would have to be won with "the power of a triumphant sword." Here, for every German to hearken to, were the "ancestral voices prophesying war.""

"Each of these men made a real contribution to the Nazi plan. Each man had a key part. Deprive the Nazi regime of the functions performed by a Schacht, a Sauckel, a Von Papen, or a Goering and you have a different regime. Look down the rows of fallen men and picture them as the photographic and documentary evidence shows them to have been in their days of power. Is there one who did not substantially advance the conspiracy along its bloody path toward its bloody goal? Can we assume that the great effort of these men's lives was directed toward ends they never suspected?"

"These men saw no evil, spoke none, and none was uttered in their presence. This claim might sound very plausible if made by one defendant. But when we put all their stories together, the impression which emerges of the Third Reich, which was to last a thousand years, is ludicrous. If we combine only the stories of the front bench, this is the ridiculous composite picture of Hitler's Government that emerges. It was composed of: A No. 2 man who knew nothing of the excesses of the Gestapo which he created, and never suspected the Jewish extermination programme although he was the signer of over a score of decrees which instituted the persecution of that race; A No. 3 man who was merely an innocent middleman transmitting Hitler's orders without even reading them, like a postman or delivery boy; A Foreign Minister who knew little of foreign affairs and nothing of foreign policy; A Field-Marshal who issued orders to the armed forces but had no idea of the results they would have in practice … … This may seem like a fantastic exaggeration, but this is what you would actually be obliged to conclude if you were to acquit these defendants. They do protest too much. They deny knowing what was common knowledge. They deny knowing plans and programmes that were as public as Mein Kampf and the Party programme. They deny even knowing the contents of documents which they received and acted upon. … The defendants have been unanimous, when pressed, in shifting the blame on other men, sometimes on one and sometimes on another. But the names they have repeatedly picked are Hitler, Himmler, Heydrich, Goebbels, and Bormann. All of these are dead or missing. No matter how hard we have pressed the defendants on the stand, they have never pointed the finger at a living man as guilty. It is a temptation to ponder the wondrous workings of a fate which has left only the guilty dead and only the innocent alive. It is almost too remarkable. The chief villain on whom blame is placed — some of the defendants vie with each other in producing appropriate epithets — is Hitler. He is the man at whom nearly every defendant has pointed an accusing finger. I shall not dissent from this consensus, nor do I deny that all these dead and missing men shared the guilt. In crimes so reprehensible that degrees of guilt have lost their significance they may have played the most evil parts. But their guilt cannot exculpate the defendants. Hitler did not carry all responsibility to the grave with him. All the guilt is not wrapped in Himmler's shroud. It was these dead men whom these living chose to be their partners in this great conspiratorial brotherhood, and the crimes that they did together they must pay for one by one."

"It may well be said that Hitler's final crime was against the land he had ruled. He was a mad messiah who started the war without cause and prolonged it without reason. If he could not rule he cared not what happened to Germany. As Fritzsche has told us from the stand, Hitler tried to use the defeat of Germany for the self-destruction of the German people. He continued to fight when he knew it could not be won, and continuance meant only ruin... Hitler ordered everyone else to fight to the last and then retreated into death by his own hand. But he left life as he lived it, a deceiver; he left the official report that he had died in battle. This was the man whom these defendants exalted to a Fuhrer. It was they who conspired to get him absolute authority over all of Germany. And in the end he and the system they created for him brought the ruin of them all."

"Lying has always been a highly approved Nazi technique. Hitler, in Mein Kampf, advocated mendacity as a policy. … Nor is the lie direct the only means of falsehood. They all speak with a Nazi double meaning with which to deceive the unwary. In the Nazi dictionary of sardonic euphemisms "Final solution" of the Jewish problem was a phrase which meant extermination; "Special treatment" of prisoners of war meant killing; "Protective custody" meant concentration camp; "Duty labour" meant slave labour; and an order to "take a firm attitude" or "take positive measures" meant to act with unrestrained savagery. … Before we accept their word at what seems to be its face value, we must always look for hidden meanings. … Besides outright false statements and those with double meanings, there are also other circumventions of truth in the nature of fantastic explanations and absurd professions. … The record is full of other examples of dissimulations and evasions. Even Schacht showed that he, too, had adopted the Nazi attitude that truth is any story which succeeds. Confronted on cross-examination with a long record of broken vows and false words, he declared in justification — and I quote from the record: "I think you can score many more successes when you want to lead someone if you don't tell them the truth than if you tell them the truth." This was the philosophy of the National Socialists. When for years they have deceived the world, and masked falsehood with plausibilities, can anyone be surprised that they continue that habit of a lifetime in this dock? Credibility is one of the main issues of this trial. Only those who have failed to learn the bitter lessons of the last decade can doubt that men who have always played on the unsuspecting credulity of generous opponents would not hesitate to do the same now. It is against such a background that these defendants now ask this Tribunal to say that they are not guilty of planning, executing, or conspiring to commit this long list of crimes and wrongs. They stand before the record of this Trial as bloodstained Gloucester stood by the body of his slain king. He begged of the widow, as they beg of you: "Say I slew them not." And the Queen replied, "Then say they were not slain. But dead they are..." If you were to say of these men that they are not guilty, it would be as true to say that there has been no war, there are no slain, there has been no crime."

"For over a century it has been the settled doctrine of the Supreme Court that the principle of stare decisis has only limited application in constitutional cases. It might be thought that if any law is to be stabilized by a court decision it logically should be the most fundamental of all law -- that of the Constitution. But the years brought about a doctrine that such decisions must be tentative and subject to judicial cancellation if experience fails to verify them. The result is that constitutional precedents are accepted only at their current valuation and have a mortality rate almost as high as their authors."

"There is no such thing as an achieved liberty; like electricity, there can be no substantial storage and it must be generated as it is enjoyed, or the lights go out."

"Not every defeat of authority is a gain for individual freedom, nor every judicial rescue of a convict a victory for liberty."

"A Government to perform even a minimum of service to its people, must take steps to suppress avarice, to strike down privately built-up schemes of economic exploitation or oppression, to uproot privilege, and to assure justice and economic opportunity to the masses."

"It is Mr. Mellon's credo that $200,000,000 can do no wrong. Our offense consists in doubting it."

"No longer may the head of a state consider himself outside of the law, and impose inhuman acts on the peoples of the world."

"The power of citizenship as a shield against oppression was widely known from the example of Paul's Roman citizenship, which sent the centurion scurrying to his higher-ups with the message: "Take heed what thou doest: for this man is a Roman.""

"The mere state of being without funds is a neutral fact — constitutionally an irrelevance, like race, creed, or color."

"It is hardly lack of due process for the Government to regulate that which it subsidizes."

"There is no reason to doubt that this Court may fall into error, as may other branches of the Government. Nothing in the history or attitude of this Court should give rise to legislative embarrassment if, in the performance of its duty, a legislative body feels impelled to enact laws which may require the Court to reexamine its previous judgments or doctrine. [Footnote 52] The Court differs, however, from other branches of the Government in its ability to extricate itself from error. It can reconsider."

"This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added."

"Civil liberties had their origin and must find their ultimate guaranty in the faith of the people. If that faith should be lost, five or nine men in Washington could not long supply its want."

"As to ethics, the parties seem to me as much on a parity as the pot and the kettle. But want of knowledge or innocent intent is not ordinarily available to diminish patent protection."

"A confession is wholly and incontestably voluntary only if a guilty person gives himself up to the law and becomes his own accuser."

"The physical power to get the money does not seem to me a test of the right to tax. Might does not make right even in taxation. To hold that what the use of official authority may get the state may keep, and that if it cannot get hold of a nonresident stockholder it may hold the company as hostage for him, is strange constitutional doctrine to me."

"Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived. A citizen's presence in this locality, however, was made a crime only if his parents were of Japanese birth. Had Korematsu been one of four - the others being, say, a German alien enemy, an Italian alien enemy, and a citizen of American-born ancestors, convicted of treason, but on parole - only Korematsu's presence would have violated the order. The difference between their innocence and his crime would result, not from anything he did, said, or thought, different than they, but only in that he was born of different racial stock. Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one's antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign. If Congress in peace-time legislation should enact such a criminal law, I should suppose this Court would refuse to enforce it."

"[T]he effect of the religious freedom Amendment to our Constitution was to take every form of propagation of religion out of the realm of things which could directly or indirectly be made public business, and thereby be supported in whole or in part at taxpayers' expense. That is a difference which the Constitution sets up between religion and almost every other subject matter of legislation, a difference which goes to the very root of religious freedom[...] This freedom was first in the Bill of Rights because it was first in the forefathers' minds; it was set forth in absolute terms, and its strength is its rigidity. It was intended not only to keep the states' hands out of religion, but to keep religion's hands off the state, and, above all, to keep bitter religious controversy out of public life by denying to every denomination any advantage from getting control of public policy or the public purse."

"I do not know whether it is the view of the Court that a judge must be thick-skinned or just thick-headed, but nothing in my experience or observation confirms the idea that he is insensitive to publicity. Who does not prefer good to ill report of his work? And if fame — a good public name — is, as Milton said, the "last infirmity of noble mind", it is frequently the first infirmity of a mediocre one."

"The Court's reasoning adds up to this: The Commission must be sustained because of its accumulated experience in solving a problem with which it had never before been confronted! I give up. Now I realize fully what Mark Twain meant when he said, 'The more you explain it, the more I don't understand it.'"

"No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. It usually is invoked in haste and excitement when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation unpopular. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures. Always, as in this case, the Government urges hasty decision to forestall some emergency or serve some purpose and pleads that paralysis will result if its claims to power are denied or their confirmation delayed."

"Under these circumstances, except for any personal humiliation involved in admitting that I do not always understand the opinions of this Court, I see no reason why I should be consciously wrong today because I was unconsciously wrong yesterday."

"But we have grounds to assume also that the normal proportion of them are subject to that very human weakness, especially displayed in Washington, which leads men to "crook the pregnant hinges of the knee where thrift may follow fawning.""

"To bring in a lawyer means a real peril to solution of the crime because, under our adversary system, he deems that his sole duty is to protect his client—guilty or innocent—and that, in such a capacity, he owes no duty whatever to help society solve its crime problem. Under this conception of criminal procedure, any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances."

"The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact."

"But when notice is a person's due, process which is a mere gesture is not 'due process.'"

"But we must not forget that in our country are evangelists and zealots of many different political, economic and religious persuasions whose fanatical conviction is that all thought is divinely classified into two kinds — that which is their own and that which is false and dangerous."

"Our protection against all kinds of fanatics and extremists, none of whom can be trusted with unlimited power over others, lies not in their forbearance but in the limitations of our Constitution."

"The priceless heritage of our society is the unrestricted constitutional right of each member to think as he will. Thought control is a copyright of totalitarianism, and we have no claim to it. It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error. We could justify any censorship only when the censors are better shielded against error than the censored."

"I think that, under our system, it is time enough for the law to lay hold of the citizen when he acts illegally, or in some rare circumstances when his thoughts are given illegal utterance. I think we must let his mind alone."

"I am entitled to say of that opinion what any discriminating reader must think of it — that it was as foggy as the statute the [[Attorney General was asked to interpret."

"But an escape less self-depreciating was taken by Lord Westbury, who, it is said, rebuffed a barrister's reliance upon an earlier opinion of his Lordship: "I can only say that I am amazed that a man of my intelligence should have been guilty of giving such an opinion". If there are other ways of gracefully and good-naturedly surrendering former views to a better considered position, I invoke them all."

"The petitioner's problem is to avoid Scylla without being drawn into Charybdis."

"It is only the words of the bill that have presidential approval, where that approval is given. It is not to be supposed that in signing a bill the President endorses the whole Congressional Record."

"Men are more often bribed by their loyalties and ambitions than by money."

"Had the jury convicted on proper instructions it would be the end of the matter. But juries are not bound by what seems inescapable logic to judges."

"We can afford no liberties with liberty itself."

"Nothing in our Constitution is plainer than that declaration of a war is entrusted only to Congress. Of course, a state of war may in fact exist without a formal declaration. But no doctrine that the Court could promulgate would seem to me more sinister and alarming than that a President whose conduct of foreign affairs is so largely uncontrolled, and often even is unknown, can vastly enlarge his mastery over the internal affairs of the country by his own commitment of the Nation's armed forces to some foreign venture."

"No penance would ever expiate the sin against free government of holding that a President can escape control of executive powers by law through assuming his military role."

"I cannot be brought to believe that this country will suffer if the Court refuses further to aggrandize the presidential office, already so potent and so relatively immune from judicial review, at the expense of Congress.But I have no illusion that any decision by this Court can keep power in the hands of Congress if it is not wise and timely in meeting its problems. A crisis that challenges the President equally, or perhaps primarily, challenges Congress. If not good law, there was worldly wisdom in the maxim attributed to Napoleon that "The tools belong to the man who can use them." We may say that power to legislate for emergencies belongs in the hands of Congress, but only Congress itself can prevent power from slipping through its fingers.The essence of our free Government is "leave to live by no man's leave, underneath the law" -- to be governed by those impersonal forces which we call law. Our Government is fashioned to fulfill this concept so far as humanly possible. The Executive, except for recommendation and veto, has no legislative power. The executive action we have here originates in the individual will of the President, and represents an exercise of authority without law. No one, perhaps not even the President, knows the limits of the power he may seek to exert in this instance, and the parties affected cannot learn the limit of their rights. We do not know today what powers over labor or property would be claimed to flow from Government possession if we should legalize it, what rights to compensation would be claimed or recognized, or on what contingency it would end. With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations. Such institutions may be destined to pass away. But it is the duty of the Court to be last, not first, to give them up."

"He who must search a haystack for a needle is likely to end up with the attitude that the needle is not worth the search."

"Reversal by a higher court is not proof that justice is thereby better done. There is no doubt that if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final."

"We granted certiorari, and in this Court the parties changed positions as nimbly as if dancing a quadrille."

"I should concur in this result more readily if the Court could reach it by analysis of the statute instead of by psychoanalysis of Congress. When we decide from legislative history, including statements of witnesses at hearings, what Congress probably had in mind, we must put ourselves in the place of a majority of Congressmen and act according to the impression we think this history should have made on them. Never having been a Congressman, I am handicapped in that weird endeavor. That process seems to me not interpretation of a statute but creation of a statute."

"But the validity of a doctrine does not depend on whose ox it gores."

"The duty to disclose knowledge of crime rests upon all citizens."

"Procedural fairness, if not all that originally was meant by due process of law, is at least what it most uncompromisingly requires. Procedural due process is more elemental and less flexible than substantive due process. It yields less to the times, varies less with conditions, and defers much less to legislative judgment. Insofar as it is technical law, it must be a specialized responsibility within the competence of the judiciary on which they do not bend before political branches of the Government, as they should on matters of policy which compromise substantive law. If it be conceded that in some way [that the agency could take the action it did], does it matter what the procedure is? Only the untaught layman or the charlatan lawyer can answer that procedure matters not. Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied. Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices. Let it not be overlooked that due process of law is not for the sole benefit of an accused. It is the best insurance for the Government itself against those blunders which leave lasting stains on a system of justice but which are bound to occur on ex parte consideration."

"Government of limited power need not be anemic government. Assurance that rights are secure tends to diminish fear and jealousy of strong government, and by making us feel safe to live under it makes for its better support."

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

"Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good, as well as by evil, men. Nationalism is a relatively recent phenomenon, but, at other times and places, the ends have been racial or territorial security, support of a dynasty or regime, and particular plans for saving souls. As first and moderate methods to attain unity have failed, those bent on its accomplishment must resort to an ever-increasing severity. As governmental pressure toward unity becomes greater, so strife becomes more bitter as to whose unity it shall be."

"Ultimate futility of such attempts to compel coherence is the lesson of every such effort from the Roman drive to stamp out Christianity as a disturber of its pagan unity, the Inquisition, as a means to religious and dynastic unity, the Siberian exiles as a means to Russian unity, down to the fast failing efforts of our present totalitarian enemies."

"We set up government by consent of the governed, and the Bill of Rights denies those in power any legal opportunity to coerce that consent. Authority here is to be controlled by public opinion, not public opinion by authority."

"Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard."

"The case is made difficult not because the principles of its decision are obscure but because the flag involved is our own. Nevertheless, we apply the limitations of the Constitution with no fear that freedom to be intellectually and spiritually diverse or even contrary will disintegrate the social organization. To believe that patriotism will not flourish if patriotic ceremonies are voluntary and spontaneous instead of a compulsory routine is to make an unflattering estimate of the appeal of our institutions to free minds. We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the price is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order."

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein."

"I should say the defendants have done just that for which they are indicted. If I might agree to their conviction without creating a precedent, I cheerfully would do so. I can see in their teachings nothing but humbug, untainted by any trace of truth. But that does not dispose of the constitutional question whether misrepresentation of religious experience or belief is prosecutable; it rather emphasizes the danger of such prosecutions."

"If religious liberty includes, as it must, the right to communicate such experiences to others, it seems to me an impossible task for juries to separate fancied ones from real ones, dreams from happenings, and hallucinations from true clairvoyance. Such experiences, like some tones and colors, have existence for one, but none at all for another. They cannot be verified to the minds of those whose field of consciousness does not include religious insight. When one comes to trial which turns on any aspect of religious belief or representation, unbelievers among his judges are likely not to understand, and are almost certain not to believe, him."

"I do not know what degree of skepticism or disbelief in a religious representation amounts to actionable fraud. James points out that "Faith means belief in something concerning which doubt is theoretically possible." Belief in what one may demonstrate to the senses is not faith. All schools of religious thought make enormous assumptions, generally on the basis of revelations authenticated by some sign or miracle. The appeal in such matters is to a very different plane of credibility than is invoked by representations of secular fact in commerce. Some who profess belief in the Bible read literally what others read as allegory or metaphor, as they read Aesop's fables. Religious symbolism is even used by some with the same mental reservations one has in teaching of Santa Claus or Uncle Sam or Easter bunnies or dispassionate judges. It is hard in matters so mystical to say how literally one is bound to believe the doctrine he teaches, and even more difficult to say how far it is reliance upon a teacher's literal belief which induces followers to give him money."

"The chief wrong which false prophets do to their following is not financial... But the real harm is on the mental and spiritual plane. There are those who hunger and thirst after higher values which they feel wanting in their humdrum lives. They live in mental confusion or moral anarchy, and seek vaguely for truth and beauty and moral support. When they are deluded and then disillusioned, cynicism and confusion follow. The wrong of these things, as I see it, is not in the money the victims part with half so much as in the mental and spiritual poison they get. But that is precisely the thing the Constitution put beyond the reach of the prosecutor, for the price of freedom of religion or of speech or of the press is that we must put up with, and even pay for, a good deal of rubbish."

"Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity, and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here, he is not law-abiding and well-disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived."

"A military order, however unconstitutional, is not apt to last longer than the military emergency. Even during that period, a succeeding commander may revoke it all. But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principles of racial discrimination in criminal procedure, and of transplanting American citizens. The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking, and expands it to new purposes."

"It is possible to hold a faith with enough confidence to believe that what should be rendered to God does not need to be decided and collected by Caesar."

"The day that this country ceases to be free for irreligion it will cease to be free for religion — except for the sect that can win political power."

"If we concede to the State power and wisdom to single out "duly constituted religious" bodies as exclusive alternatives for compulsory secular instruction, it would be logical to also uphold the power and wisdom to choose the true faith among those "duly constituted." We start down a rough road when we begin to mix compulsory public education with compulsory godliness."

"Nature had given him a bright, strong mind--it was one of the best three or four, possibly five, of the Court during his years of service. It was a disciplined mind — self disciplined, and sharpened by the varied incidents of a general practice. He had attended no college. His engaging style, his easy acquaintance with good literature, he had acquired for himself. Even in his one year of law school, his training had been in practical subjects taught by practical men. The assurance and courage that come from professional mastery, that too he had won for himself. So he became an exemplar of the best virtues we attribute to our tough common-law system. He thought in terms of concrete operations: a good judge should feel responsible for the practicality of his judgments. He displayed, too, a constant concern that the Court's pronouncements convey to the practitioner a workable rule of conduct. To his fingertips, he retained a feel for active practice. This was the American lawyer at his best. What he made of himself is an inspiration and a challenge to all who follow his calling."

"He will live in the living law of the Constitution."

"His speech breaks through the printed page. He was one of those rare men whose spoken word survives in type."

"Self-reliance, good-humored tolerance, recognition of the other fellow's right to be and to thrive, even though you may not think he is as good as you are, suspicion of authority as well as awareness of its need, disdain of arrogance and self-righteousness, a preference for truculent independence over prudent deference and conformity - these were the feelings that shaped his outlook on life. He liked his kind without being sentimental about it; he was gregarious but shy about intimacies."

"As Attorney General, Solicitor General, and Assistant Attorney General,…he lost but a single case in the Supreme Court. Against [that] may be tallied some twenty-seven arguments which he won."

"He had a quiet courage, which never led to a bellow of defiance but which permitted him to take in every instance the action he thought best without discernible thought of criticism or personal injury. He was modest in manner, yet supremely confident of himself and his judgment. He had a calm which no crisis could disturb, and standards of honorable conduct which were both rigorous and unshakeable."

"Robert Jackson represented the advocate at his best. He possessed the rare combination of a good jury personality and the qualities of a profound lawyer. He knew how to talk persuasively to a jury of Chautauqua County farmers, yet he could argue the points of law involved in the case with great learning and with unanswerable logic, either before the trial judge or an appellate court. He had high standards of craftsmanship as a lawyer; he was thorough and painstaking in preparation."

"He had a reservoir of learning, from which he drew gracefully and effortlessly. But the most marked quality of his judicial and non-judicial writing was not the ability to borrow an apt quotation or to find an idea well expressed by one who had written before him; it was the ability to think brilliantly in original and bold fashion and to express his thoughts in forceful and eloquent English of a style inimitably his own. His writing was pithy and pungent; yet he never sacrificed clarity of thought for a well-turned phrase. He was a master of the paradox; he had a great love of alliteration and his antithetical statements were gems. Yet his wit never descended to the frivolous; it always added a barb to the telling point. His wit was especially telling when turned upon himself or his Court."

"The trial began with the grand, devastating opening address by the Chief American Prosecutor, Justice Robert H. Jackson. But I took comfort from one sentence in it which accused the defendants of guilt for the regime's crimes, but not the German people."

"To an unusual degree in the history of the Court, Justice Jackson wrote as he felt. In his case the style was the man….He wrote as he talked and he talked as he felt. The fact that his opinions were written talk made them as lively as the liveliness of his talk."

"He had 'impish candor', to borrow one of his own phrases. Candor, indeed, was one of his deepest veins."

"There was nothing stuffy about him and therefore, nothing stuffy about his writing."

"No man who ever sat on the Supreme Court, it seems to me, mirrored the man in him in his judicial work more completely than did Justice Jackson."

"There are no illegitimate children, only illegitimate parents."

"There are not infrequent times when a bottle of wine, a good dinner, a girl of some trivial sort can fill the hour for me."

"Get down, you fool!"

"But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view."

"It is the merit of the common law that it decides the case first and determines the principle afterwards."

"The life of the law has not been logic; it has been experience... The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics."

"The degree of civilization which a people has reached, no doubt, is marked by their anxiety to do as they would be done by."

"State interference is an evil, where it cannot be shown to be a good."

"It is now the moment when by common consent we pause to become conscious of our national life and to rejoice in it, to recall what our country has done for each of us, and to ask ourselves what we can do for the country in return."

"I think that, as life is action and passion, it is required of a man that he should share the passion and action of his time at peril of being judged not to have lived."

"We know that, if the armies of our war did anything worth remembering, the credit belongs not mainly to the individuals who did it, but to average human nature. We also know very well that we cannot live in associations with the past alone, and we admit that, if we would be worthy of the past, we must find new fields for action or thought, and make for ourselves new careers. But, nevertheless, the generation that carried on the war has been set apart by its experience. Through our great good fortune, in our youth our hearts were touched with fire. It was given to us to learn at the outset that life is a profound and passionate thing. While we are permitted to scorn nothing but indifference, and do not pretend to undervalue the worldly rewards of ambition, we have seen with our own eyes, beyond and above the gold fields, the snowy heights of honor, and it is for us to bear the report to those who come after us."

"As for us, our days of combat are over. Our swords are rust. Our guns will thunder no more. The vultures that once wheeled over our heads must be buried with their prey. Whatever of glory must be won in the council or the closet, never again in the field. I do not repine. We have shared the incommunicable experience of war; we have felt, we still feel, the passion of life to its top."

"The law, so far as it depends on learning, is indeed, as it has been called, the government of the living by the dead. To a very considerable extent no doubt it is inevitable that the living should be so governed. The past gives us our vocabulary and fixes the limits of our imagination; we cannot get away from it. There is, too, a peculiar logical pleasure in making manifest the continuity between what we are doing and what has been done before. But the present has a right to govern itself so far as it can; and it ought always to be remembered that historic continuity with the past is not a duty, it is only a necessity."

"I always say you can get your tragedy of any desired length in England, from thirty seconds to a lifetime. I had one adorable one of twenty-nine minutes by the watch. At the end of that time I started for my train. Woman I'd had a glimpse of in London — walk. She sat on a style, I below her, gazing into her eyes — then, "remember this lane," "while memory holds its seat, etc." "Adieu." And I still do and ever shall remember her, and I rather think she does me a little bit. What imbecilities for an old fellow to be talking. But if one knows his place and makes way for younger men when he isn't sure, it is better perhaps not quite to abandon interest in the sports of life."

"Free competition is worth more to society than it costs."

"One of the eternal conflicts out of which life is made up is that between the effort of every man to get the most he can for his services, and that of society, disguised under the name of capital, to get his services for the least possible return."

"Most of the things we do, we do for no better reason than that our fathers have done them or our neighbors do them, and the same is true of a larger part than what we suspect of what we think."

"The aim of the law is not to punish sins, but is to prevent certain external results."

"Certainty generally is illusion, and repose is not the destiny of man."

"The advice of the elders to young men is very apt to be as unreal as a list of the hundred best books."

"For the rational study of the law the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics."

"If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience."

"When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts."

"The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race."

"How odious a virtue the much praised simplicity. The only simplicity for which I would give a straw is that which is on the other side of the complex — not that which never has divined it."

"One has to try to strike the jugular and let the rest go."

"Nature has but one judgment on wrong conduct — if you can call that a judgment which seemingly has no reference to conduct as such — the judgment of death."

"Taxes are the price we pay for a civilized society."

"Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgement."

"Constitutions are intended to preserve practical and substantial rights, not to maintain theories."

"I can't help preferring champagne to ditch water — I doubt if the universe does."

"The great act of faith is when a man decides that he is not God."

"Philosophy may have gained by the attempts in recent years to look through the fiction to the fact and to generalize corporations, partnerships, and other groups into a single conception. But to generalize is to omit, and, in this instance, to omit one characteristic of the complete corporation, as called into being under modern statutes, that is most important in business and law."

"The major premise of the conclusion expressed in a statute, the change of policy that induces the enactment, may not be set out in terms, but it is not an adequate discharge of duty for courts to say: We see what you are driving at, but you have not said it, and therefore we shall go on as before."

"Even a dog distinguishes between being stumbled over and being kicked."

"Every opinion tends to become a law."

"A Constitution is not intended to embody a particular economic theory . . . It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel, and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States."

"General propositions do not decide concrete cases."

"The liberty of the citizen to do as he likes so long as he does not interfere with the liberty of others to do the same, which has been a shibboleth for some well known writers, is interfered with by school laws, by the Post Office, by every state or municipal institution which takes his money for purposes thought desirable, whether he likes it or not."

"Now and then, an extraordinary case may turn up, but constitutional law, like other mortal contrivances, has to take some chances, and in the great majority of instances, no doubt, justice will be done."

"Life is painting a picture, not doing a sum."

"Life is a roar of bargain and battle, but in the very heart of it there rises a mystic spiritual tone that gives meaning to the whole. It transmutes the dull details into romance. It reminds us that our only but wholly adequate significance is as parts of the unimaginable whole. It suggests that even while living we are living to ends outside ourselves"

"Life is action, the use of one's powers. As to use them to their height is our joy and duty, so it is the one end that justifies itself."

"With all humility, I think, "Whatsoever thy hand findeth to do, do it with thy might." Infinitely more important than the vain attempt to love one's neighbor as one's self. If you want to hit a bird on the wing, you must have all your will in focus, you must not be thinking about yourself, and equally, you must not be thinking about your neighbor: you must be living in your eye on that bird. Every achievement is a bird on the wing."

"Life is an end in itself, and the only question as to whether it is worth living is whether you have had enough of it."

"It is urged in the first place that contempts cannot be crimes, because, although punishable by imprisonment, and therefore, if crimes, infamous, they are not within the protection of the Constitution and the Amendments giving a right to trial by jury, etc., to persons charged with such crimes. But the provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic, living institutions transplanted from English soil. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origin and the line of their growth."

"Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard."

"The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified; although some decisions with which I have disagreed seem to me to have forgotten the fact."

"A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used."

"The character of every act depends upon the circumstances in which it is done."

"The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right."

"Vanity is the most philosophical of those feelings that we are taught to despise. For vanity recognizes that if a man is in a minority of one we lock him up, and therefore longs for an assurance from others that one's work has not been in vain."

"As I grow older I grow calm. If I feel what are perhaps an old man's apprehensions, that competition from new races will cut deeper than working men's disputes and will test whether we can hang together or can fight."

"I think it not improbable that man, like the grub that prepares a chamber for the winged thing it never has seen but is to be — that man may have cosmic destinies that he does not understand."

"I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States."

"Most men think dramatically, not quantitatively, a fact that the rich would be wise to remember more than they do. We are apt to contrast the palace with the hovel, the dinner at Sherry's with the workingman's pail, and never ask how much or realize how little is withdrawn to make the prizes of success. (Subordinate prizes — since the only prize much cared for by the powerful is power. The prize of the general is not a bigger tent, but command.)"

"When twenty years ago a vague terror went over the earth and the word socialism began to be heard, I thought and still think that fear was translated into doctrines that had no proper place in the Constitution or the common law. Judges are apt to be naif, simple-minded men, and they need something of Mephistopheles. We too need education in the obvious—to learn to transcend our own convictions and to leave room for much that we hold dear to be done away with short of revolution by the orderly change of law."

"There is in all men a demand for the superlative, so much so that the poor devil who has no other way of reaching it attains it by getting drunk."

"Our test of truth is a reference to either a present or an imagined future majority in favor of our view."

"Certitude is not the test of certainty. We have been cocksure of many things that were not so."

"Deep-seated preferences cannot be argued about — you cannot argue a man into liking a glass of beer — and therefore, when differences are sufficiently far reaching, we try to kill the other man rather than let him have his way. But that is perfectly consistent with admitting that, so far as appears, his grounds are just as good as ours."

"That, at any rate, is the theory of our Constitution. It is an experiment, as all life is an experiment."

"It is only the present danger of immediate evil or an intent to bring it about that warrants Congress in setting a limit to the expression of opinion where private rights are not concerned."

"To allow opposition by speech seems to indicate that you think the speech impotent, as when a man says that he has squared the circle, or that you do not care whole-heartedly for the result, or that you doubt either your power or your premises. But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas —that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution."

"I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country."

"Only the emergency that makes it immediately dangerous to leave the correction of evil counsels to time warrants making any exception to the sweeping command, "Congress shall make no law...abridging the freedom of speech.""

"I always say, as you know, that if my fellow citizens want to go to Hell I will help them. It's my job."

"Men must turn square corners when they deal with the Government."

"Detached reflection cannot be demanded in the presence of an uplifted knife."

"A page of history is worth a volume of logic."

"If a thing has been practised for two hundred years by common consent, it will need a strong case for the Fourteenth Amendment to affect it."

"The general rule, at least, is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking."

"I confess that I do not understand the principle on which the power to fix a minimum for the wages of women can be denied by those who admit the power to fix a maximum for their hours of work. I fully assent to the proposition that here as elsewhere the distinctions of the law are distinctions of degree, but I perceive no difference in the kind or degree of interference with liberty, the only matter with which we have any concern, between the one case and the other. The bargain is equally affected whichever half you regulate…. It will need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account."

"If I were dying, my last words would be, Have faith and pursue the unknown end."

"Eloquence may set fire to reason."

"If in the long run the beliefs expressed in proletarian dictatorship are destined to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way."

"We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind....Three generations of imbeciles are enough."

"The power to tax is not the power to destroy while this Court sits."

"Courts are apt to err by sticking too closely to the words of a law where those words import a policy that goes beyond them."

"Some of her answers might excite popular prejudice, but if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate."

"The elaborate argument against the constitutionality of the Act if interpreted as we read it, in accordance with its obvious meaning does not need an elaborate answer."

"Young man, the secret of my success is that at an early age I discovered that I was not God."

"There are some men, who as they approach 70, read the Bible and prepare to die. Others prepare themselves to live to 90. It has been my observation that if a man prepares to live to 90, but dies at 70, no harm is done. If however, a man prepares to live to 70 but ends up dying at 90, then his last 20 years will be hell."

"A river is more than an amenity, it is a treasure. It offers a necessity of life that must be rationed among those who have power over it."

"The interpretation of constitutional principles must not be too literal. We must remember that the machinery of government would not work if it were not allowed a little play in its joints."

"I have no respect for the passion of equality, which seems to me merely idealizing envy — I don't disparage envy but I don't accept it as legitimately my master."

"A good catchword can obscure analysis for fifty years."

"IF ALL the trees in all the woods were men; And each and every blade of grass a pen; If every leaf on every shrub and tree Turned to a sheet of foolscap; every sea Were changed to ink, and all earth’s living tribes Had nothing else to do but act as scribes, And for ten thousand ages, day and night, The human race should write, and write, and write, Till all the pens and paper were used up, And the huge inkstand was an empty cup, Still would the scribblers clustered round its brink Call for more pens, more paper, and more Ink ❦"

"Lawyers spend their professional careers shoveling smoke."

"Gentlemen, to the lady without whom I should never have survived for eighty, nor sixty, nor yet thirty years. Her smile has been my lyric, her understanding, the rhythm of the stanza. She has been the spring wherefrom I have drawn the power to write the words. She is the poem of my life."

"A second class mind, but a first class temperament."

"The mind of a bigot is like the pupil of the eye; the more light you pour upon it, the closer it contracts."

"Beware how you take away hope from any human being."

"A moment's insight is sometimes worth a lifetime's experience."

"Pretty much all the honest truth-telling there is in the world is done by children."

"To be 70 years young is sometimes far more cheerful and hopeful than to be 40 years old."

"A child's education should begin at least one hundred years before he was born."

"There is no friend like an old friend who has shared our morning days, no greeting like his welcome, no homage like his praise."

"A man's mind stretched to a new idea never goes back to its original dimensions."

"Old age is always fifteen years older than I am."

"Your right to swing your arms ends just where the other man's nose begins."

"Keep government poor and remain free."

"The young man knows the rules, but the old man knows the exceptions."

"Every now and then a man's mind is stretched by a new idea or sensation, and never shrinks back to its former dimensions."

"While a judge of the Supreme Judicial Court of Massachusetts, when he found the long-winded speeches of the lawyers especially trying, he advised them gravely to take a course of reading risque books, that they might learn to say things by innuendo."

"Holmes was exacting in construing a statute and latitudinarian in construing powers under the Constitution. He often said that there was nothing in the Constitution that prevented the country from going to hell if it chose to. But once a statute was clearly constitutional and it became a matter of construing it, Holmes put on his most scrupulous spectacles."

"America is not broke. The very wealthy and hugely profitable corporations just aren't paying the taxes that, in the words of Supreme Court Justice Oliver Wendell Holmes more than a century ago, "are the price we pay for a civilized society.""

"An aristocrat in morals as in mind."

"Sex, a great and mysterious motive force in human life, has indisputably been a subject of absorbing interest to mankind through the ages."

"We consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials."

"Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom. "The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools." Shelton v. Tucker, supra at 364 U. S. 487. The classroom is peculiarly the "marketplace of ideas." The Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth "out of a multitude of tongues, [rather] than through any kind of authoritative selection." United States v. Associated Press, 52 F. Supp. 362, 372. In Sweezy v. New Hampshire, 354 U. S. 234, 354 U. S. 250, we said: "The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. No field of education is so thoroughly comprehended by man that new discoveries cannot yet be made. Particularly is that true in the social sciences, where few, if any, principles are accepted as absolutes. Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.""

"If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted government intrusion into matters so fundamentally affecting a person as the decision whether to bear or begat a child."

"Our Nation has had a long and unfortunate history of sex discrimination, rationalized by an attitude of 'romantic paternalism' which, in practical effect, put women, not on a pedestal, but in a cage."

"More fundamentally, however, the answer to petitioners' objection is that there can be no impairment of executive power, whether on the state or federal level, where actions pursuant to that power are impermissible under the Constitution. Where there is no power, there can be no impairment of power."

"The genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs."

""The framers discerned fundamental principles.... But our acceptance of the fundamental principles has not and should not bind us to those precise, at times anachronistic, contours. We current justices read the Constitution in the only way that we can: as 20th-century Americans... The ultimate question must be, what do the words of the text mean in our time? For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs. What the constitutional fundamentals meant to the wisdom of other times cannot be their measure to the vision of our time. Similarly, what those fundamentals mean for us, our descendants will learn, cannot be their measure to the vision of their time."

"No doubt, there are those who believe that judges-and particularly dissenting judges-write to hear themselves say, as it were, I I I. And no doubt, there are also those who believe that judges are, like Joan Didion, primarily engaged in the writing of fiction. I cannot agree with either of those propositions."

"The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law."

"If there is a bedrock principle of the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."

"Yet the ultimate problem is more fundamental. I have long believed that the death penalty is in all circumstances a barbaric and inhuman punishment that violates our Constitution. Even the most vile murderer does not release the state from its constitutional obligation to respect human dignity, for the state does not honor the victim by emulating the murderer who took his life. The fatal infirmity of capital punishment is that it treats members of the human race as non-humans, as objects to be toyed with and discarded."

"The machinery chugs on unabated, belching out its dehumanizing product. It is distressing. But I refuse to despair. I know, one day, the Supreme Court will outlaw the death penalty. Permanently."

"If our free society is to endure, and I know it will, those who govern must recognize that the Framers of the Constitution limited their power in order to preserve human dignity and the air of freedom which is our proudest heritage."

"Brennan helped expand civil rights and liberties for all Americans. He supported abortion rights, opposed the death penalty, and provided new protections for freedom of the press. For example, in New York Times v. Sullivan (1964), Brennan established the "actual malice" standard, in which news outlets were protected from charges of libel as long as what they wrote was not deliberately false."

"Justices William Brennan and Thurgood Marshall were the last of the Court's liberals."

"Today we are engaged in a final, all-out battle between communistic atheism and Christianity. The modern champions of communism have selected this as the time, and ladies and gentlemen, the chips are down — they are truly down."

"As you know, very recently the secretary of state proclaimed his loyalty to a man guilty of what has always been considered as the most abominable of all crimes — of being a traitor to the people who gave him a position of great trust. The secretary of state, in attempting to justify his continued devotion to the man who sold out the Christian world to the atheistic world, referred to Christ's Sermon on the Mount as a justification and reason therefore, and the reaction of the American people to this would have made the heart of Abraham Lincoln happy. When this pompous diplomat in ugly pants, with a phony British accent, proclaimed to the American people that Christ on the Mount endorsed communism, high treason, and betrayal of a sacred trust, the blasphemy was so great that it awakened the dormant indignation of the American people. He has lighted the spark which is resulting in a moral uprising and will end only when the whole sorry mess of twisted warped thinkers are swept from the national ugly so ugly that we may have a new birth of national honesty and decency in government."

"Any man who has been given the honor of being promoted to general and who says, "I will protect another general who protects Communists," is not fit to wear that uniform, general."

"Good evening. Mr. Edward R. Murrow, Educational Director of the Columbia Broadcasting System, devoted his program to an attack on the work of the United States Senate Investigating Committee, and on me personally as its chairman, and over the past four years he has made repeated attacks upon me and those fighting Communists... Now, ordinarily--I would not take time out from the important work at hand to answer Murrow. However, in this case, I feel justified in doing so because Murrow is a symbol, a leader and the cleverest of the jackal pack which is always found at the throat of anyone who dares to expose individual Communists and traitors."

"I have here in my hand a list of 205 that were made known to the Secretary of State as being members of the Communist Party and who nevertheless are still working and shaping policy in the State Department."

"The Western Right, on the other hand, did struggle to condemn Soviet crimes, but sometimes using methods that harmed their own cause. Surely the man who did the greatest damage to anti-communism was the American Senator Joe McCarthy. Recent documents showing that some of his accusations were correct do not change the impact of his overzealous pursuit of communists in American public life: ultimately, his public "trials" of communist sympathizers would tarnish the cause of anti-communism with the brush of chauvinism and intolerance. In the end, his actions served the cause of neutral historical inquiry no better than those of his opponents."

"When the wind is right, a faint odor of kerosene is exhaled from Senator McCarthy."

"Democracy has so disappeared in the United States that there are some subjects that cannot even be discussed. The essence of the democratic process is free discussion. There was a time, when men were not allowed to talk of universal suffrage, education for women, or freedom for Negro slaves. Today communism is the dirty word and socialism is suspect. ... In this state, and in our time, occurred one of the worst blows to the democratic process which our nation has suffered. Senator McCarthy succeeded in making America afraid to discuss socialism."

"Nothing would probably please him more than to get the publicity that would be generated by a public repudiation by the President."

"I will not get in the gutter with that guy."

"The junior senator from Wisconsin, by his reckless charges, has so preyed upon the fears and hatreds and prejudices of the American people that he has started a prairie fire which neither he nor anyone else may be able to control."

"When public men indulge themselves in abuse, when they deny others a fair trial, when they resort to innuendo and insinuation, to libel, scandal, and suspicion, then our democratic society is outraged, and democracy is baffled. It has no apparatus to deal with the boor, the liar, the lout, and the antidemocrat in general."

"Radicalism or anti-radicalism should have had nothing to do with the sly, miserable methods of McCarthy, Nixon and colleagues, as they flailed at Communists, near-Communists, and nowhere-near Communists. Lives were being ruined and few hands were raised in help. Since when do you have to agree with people to defend them from injustice?"

"Sad is a fake word for me to be using, I am still angry that their reason for disagreeing with McCarthy was too often his crude methods. . . . Many of the anti-Communists were, of course, honest men. But none of them . . . has stepped forward to admit a mistake. It is not necessary in this country; they too know that we are a people who do not remember much."

"In fact, most of what people ordinarily mean when they talk about the 'red scare', the House Un-American Activities Committee; anti-Communist probes into Hollywood, labor unions, and America's schools and universities; the Rosenberg trial; blacklisting in the media and schoolteachers fired for disloyalty, had nothing to do with McCarthy and he had nothing to do with them (although when asked, he generally approved of them, as most other Americans did). McCarthy's own committee in the Senate, the , which he chaired for less than two years, had a specific duty to investigate communism in the federal government and among government employees. It had done so before he became chairman, and it did so after he left, under Senator John McClellan and Bobby Kennedy. The men and women McCarthy targeted, rightly or wrongly, as Communists or Communist sympathizers all shared that single characteristic: they were federal employees and public servants, and therefore, McCarthy and his supporters argued, they ought be held accountable to a higher standard than other American citizens. That fact tends to get lost when historians dwell exclusively on the stories of harassment, professional disgrace, and other indignities suffered as a result of McCarthy's and other anti-Communist investigations."

"The hardest thing I ever did was keep my temper at that time."

"Hoover knew that Joe wasn't the best guy in the world to be doing this job. We all did ... But his attitude was, "Thank God somebody's doing it." They were fighting the same enemy, you know."

"It is necessary to investigate before legislating, but the line between investigating and persecuting is a very fine one and the junior Senator from Wisconsin has stepped over it repeatedly. His primary achievement has been in confusing the public mind as between the internal and the external threats of communism. We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men — not from men who feared to write, to speak, to associate and to defend causes that were, for the moment, unpopular. This is no time for men who oppose Senator McCarthy's methods to keep silent, or for those who approve. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a citizen of a republic to abdicate his responsibilities. As a nation we have come into our full inheritance at a tender age. We proclaim ourselves, as indeed we are, the defenders of freedom, wherever it continues to exist in the world, but we cannot defend freedom abroad by deserting it at home. The actions of the junior Senator from Wisconsin have caused alarm and dismay amongst our allies abroad, and given considerable comfort to our enemies. And whose fault is that? Not really his. He didn't create this situation of fear; he merely exploited it — and rather successfully. Cassius was right. "The fault, dear Brutus, is not in our stars, but in ourselves." Good night, and good luck."

"We cannot speak unequivocally for the long future. But we can have faith. And our faith is strong that long after Senator Eastland and his present subcommittee are gone, long after segregation has lost its final battle in the South, long after all that was known as McCarthyism is a dim, unwelcome memory, long after the last Congressional committee has learned that it cannot tamper successfully with a free press, The New York Times will be speaking for the men who make it, and only for the men who make it, and speaking, without fear or favor, the truth as it sees it."

"The mingling of object and image in collage, of given fact and conscious artifice, corresponds to the illusion-producing processes of contemporary civilization. In advertisements, news stories, films, and political campaigns, lumps of unassailable data are implanted in preconceived formats in order to make the entire fabrication credible. Documents waved at hearings by Joseph McCarthy to substantiate his fictive accusations were a version of collage, as is the corpse of Lenin, inserted by Stalin into the Moscow mausoleum to authenticate his own contrived ideology. Twentieth-century fictions are rarely made up of the whole cloth, perhaps because the public has been trained to have faith in "information." Collage is the primary formula of the aesthetics of mystification developed in our time."

"Not only in Britain but also in the USA the communists were as distant as ever from power and influence. But not every anti-communist was willing to do things on the quiet. Joe McCarthy, the rough-tongued Senator for Wisconsin, made his case inside and outside the Senate and avowed that communism was sucking the lifeblood of American public life. He dug up evidence – and sometimes invented it – that Moscow had secret collaborators everywhere. He appeared live on television brandishing his lists of communists and their supporters. Those whom he identified as subversives were required to ‘name names’ of communist friends or face professional ruin. McCarthy concentrated his fire on filmmaking and other sectors of the media. Often his accusations were ill founded but he succeeded in creating an atmosphere of suspicion which pervaded American public life. The playwright Arthur Miller refused to submit to the Senator for Wisconsin. Instead he drafted The Crucible, a play about the witch-hunt craze in seventeenth-century New England, which was an obvious allegory of hysteria and persecution. McCarthy’s own activities came under scrutiny after he was accused of seeking illegal favours for his protégés. The Senate held a debate on him and by a large majority ruled that he had abused his power. McCarthy died in ignominy in 1957. Yet his impact was enormous and permanent. No longer did the left-wing American press give gentle treatment to Marxism as had been the case before the Second World War. Words like communism and socialism – and eventually even liberalism – became widely pejorative. Mainstream political discourse in the USA underwent a drastic constriction. Sympathy for communism, where it survived outside the Communist Party of the USA, was usually confined to individual writers or students' political groups; it impinged little on popular opinion."

"This is the first time in my experience, and I was ten years in the Senate, that I ever heard of a Senator trying to discredit his own Government before the world. ... Your telegram is not only not true and an insolent approach to a situation that should have been worked out between man and man but it shows conclusively that you are not even fit to have a hand in the operation of the Government of the United States."

"This is more than a matter of history. Trump has been poking the military in the eye in a way that is reminiscent of McCarthy, pressuring it to rout demonstrators, peaceful and otherwise, from the streets of America."

"Trump, like McCarthy, could push back against the onslaught when it was coming from the press, protesters or political foes. But as the Wisconsin senator's downfall makes clear, the armed forces are too big to bully."

"Until this moment, Senator, I think I never really gauged your cruelty or your recklessness. … Let us not assassinate this lad further, senator. You've done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?"

"With preparations for war came fears of domestic subversion. The link had been made many times before in US history: the Red Scare after World War I or the internment of Japanese-Americans during World War II were just recent examples. The public witch hunt against Communists and other Left-wingers in the 1940s and 1950s had equally damaging effects. Charges of disloyalty, most of which were entirely unfounded, drove many knowledgeable and gifted experts away from government service. Joseph McCarthy, the demagogic and hyperbolic Wisconsin senator who through his speeches on the Senate floor came to symbolize anti-Communist paranoia, did more damage to US interests than any of Stalin's covert operations. In February 1950 McCarthy claimed that he had evidence of 205—later corrected to 57—Communists working in the State Department, and denounced the president as a traitor who "sold out the Christian world to the atheistic world." The series of hearings and investigations, which accusations such as McCarthy’s gave rise to, destroyed people's lives and careers. Even for those who were cleared, such as the famous central Asia scholar Owen Lattimore, some of the accusations stuck and made it difficult to find employment. It was, as Lattimore said in his book title from 1950, Ordeal by Slander. For many of the lesser known who were targeted— workers, actors, teachers, lawyers—it was a Kafkaesque world, where their words were twisted and used against them during public hearings by people who had no knowledge of the victims or their activities. Behind all of it was the political purpose of harming the Administration, though even some Democrats were caught up in the frenzy and the president himself straddled the issue instead of publicly confronting McCarthy. McCarthyism, as it was soon called, reduced the US standing in the world and greatly helped Soviet propaganda, especially in western Europe."

"There will no longer be need for spheres of influence, for alliances, for balance of power, or any other of the separate alliances through which in the unhappy past the nations strove to safeguard their security or promote their interest."

"A lie will gallop halfway round the world before the truth has time to pull its breeches on."

"Perhaps the real fantasists were the Americans, who adopted a remarkably confrontational stance in the final pre-war months, given the vulnerability of their own military installations in the Pacific, particularly the Philippines. The British were markedly more conciliatory, even temporarily closing the Burma Road - 700 mostly mountainous miles along which supplies were travelling to China - in response to Japanese pressure. For reasons that are not easy to fathom, Roosevelt consistently exaggerated the actual economic and future strategic importance of China and underestimated the perils of war with Japan. He declined an invitation from Konoe to attend a summit conference in the summer of 1941. Secretary of State Cordell Hull wanted complete withdrawal of Japanese troops from China and Indo-China; he would not hear of any suspension of US aid to Chiang, which the Japanese demanded. In his fateful note of November 26, Hull even proposed a mutual surrender of extraterritorial rights in China - an end, in effect, to the old Open Door system - and recognition of the Guomindang government. With some justification, the policy of the United States towards Japan in this period has been likened to her policy towards the Soviet Union during the Cold War."

"Hull has passed most of his threescore years and ten in useful service to his country and to the world. His rank in history will depend on the fate of democracy, for he has been one of its most ardent champions. If democracy should fail and disappear at this critical point in its history, he will be forgotten as a minor prophet of an unimportant illusion in the development of the human race. If democracy emerges triumphant from the tempering furnace, he will be hailed as a major prophet whose words have lighted his fellow men to hope and progress."

"I think it would have been humanly impossible for two people, over a period of eight years, to agree more consistently and thoroughly than Mr. Hull and I have done. There has never been the slightest important difference of opinion between us, and so far as I am personally concerned I think it would be impossible for any man in my position, who has been so closely associated with the Secretary- who has had the opportunity of being associated wuth a man of his extraordinary moral courage and consistency, and I think an almost unique intellectual integrity- to have anything except very deep devotion for him."

"This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a rare opportunity to explore simultaneously both parts of Bismarck's aphorism that 'No man should see how laws or sausages are made.'"

"I define speech as any communicative activity. [Can it be nonverbal?] Yes. [Can it be nonverbal and also not written?] Yes. [Can it encompass physical actions?] Yes. Watt [Community for Creative Non-Violence v. Watt, 703 F.2d 586 (1983)] was a case in which what was at issue was sleeping as communicative activity. What I said was that for purposes of the heightened protections that are accorded, sleeping could not be speech. That is to say, I did not say that one could prohibit sleeping merely for the purpose of eliminating the communicative aspect of sleeping, if there is any . . . [and] I did not say that the Government could seek to prohibit that communication without running afoul of the heightened standards of the first amendment. If they passed a law that allows all other sleeping but only prohibits sleeping where it is intended to communicate, then it would be invalidated. But what I did say was, where you have a general law that just applies to an activity which in itself is normally not communicative, such as sleeping, spitting, whatever you like; clenching your fist, for example; such a law would not be subject to the heightened standards of the first amendment. That is to say, if there is ordinary justification for it, it is fine. It does not have to meet the high need, the no other available alternative requirements of the first amendment. Whereas, when you are dealing with communicative activity, naturally communicative activity—writing, speech, and so forth— any law, even if it is general, across the board, has to meet those higher standards."

"In law school, I never understood [antitrust law]. I later found out, in reading the writings of those who now do understand it, that I should not have understood it because it did not make any sense then."

"Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf."

"Evidently, the governing standard is to be what might be called the unfettered wisdom of a majority of this Court, revealed to an obedient people on a case-by-case basis."

"How frightening it must be to have your own independent counsel and staff appointed, with nothing else to do but to investigate you until investigation is no longer worthwhile."

"Those who believe that racial preferences can help to 'even the score' display, and reinforce, a manner of thinking about race that was the source of the injustice and that will, if it endures within our society, be the source of more injustice still."

"Justice White's conclusion is perhaps correct, if one assumes that the task of a court of law is to plumb the intent of the particular Congress that enacted a particular provision. That methodology is not mine nor, I think, the one that courts have traditionally followed. It is our task, as I see it, not to enter the minds of the Members of Congress - who need have nothing in mind in order for their votes to be both lawful and effective - but rather to give fair and reasonable meaning to the text of the United States Code, adopted by various Congresses at various times."

"We reject the dissent's contention that our approach, by "largely return[ing] the task of defining the contours of Eighth Amendment protection to political majorities," leaves "‘[c]onstitutional doctrine [to] be formulated by the acts of those institutions which the Constitution is supposed to limit,'" [...] By reaching a decision supported neither by constitutional text nor by the demonstrable current standards of our citizens, the dissent displays a failure to appreciate that "those institutions which the Constitution is supposed to limit" include the Court itself. To say, as the dissent says, that "‘it is for us ultimately to judge whether the Eighth Amendment permits imposition of the death penalty,'" (quoting Enmund v. Florida) -- and to mean that as the dissent means it, i.e., that it is for us to judge, not on the basis of what we perceive the Eighth Amendment originally prohibited, or on the basis of what we perceive the society through its democratic processes now overwhelmingly disapproves, but on the basis of what we think "proportionate" and "measurably contributory to acceptable goals of punishment" -- to say and mean that, is to replace judges of the law with a committee of philosopher-kings."

"The outcome of today's case will doubtless be heralded as a triumph of judicial statesmanship. It is not that, unless it is statesmanlike needlessly to prolong this Court's self-awarded sovereignty over a field where it has little proper business, since the answers to most of the cruel questions posed are political, and not juridical -- a sovereignty which therefore quite properly, but to the great damage of the Court, makes it the object of the sort of organized public pressure that political institutions in a democracy ought to receive. […] Ordinarily, speaking no more broadly than is absolutely required avoids throwing settled law into confusion; doing so today preserves a chaos that is evident to anyone who can read and count. Alone sufficient to justify a broad holding is the fact that our retaining control, through Roe, of what I believe to be, and many of our citizens recognize to be, a political issue, continuously distorts the public perception of the role of this Court. We can now look forward to at least another Term with carts full of mail from the public, and streets full of demonstrators, urging us -- their unelected and life-tenured judges who have been awarded those extraordinary, undemocratic characteristics precisely in order that we might follow the law despite the popular will -- to follow the popular will. Indeed, I expect we can look forward to even more of that than before, given our indecisive decision today. […] It was an arguable question today whether [Section] 188.029 of the Missouri law contravened this Court’s understanding of Roe v. Wade, and I would have examined Roe rather than examining the contravention. […] Of the four courses we might have chosen today -- to reaffirm Roe, to overrule it explicitly, to overrule it sub silentio, or to avoid the question -- the last is the least responsible. On the question of the constitutionality of [Section] 188.029, I concur in the judgment of the Court and strongly dissent from the manner in which it has been reached."

"As I understand the various opinions today: One Justice holds that two-parent notification is unconstitutional (at least in present circumstances) without judicial bypass, but constitutional with bypass […]; four Justices would hold that two-parent notification is constitutional with or without bypass […]; four Justices would hold that two-parent notification is unconstitutional with or without bypass, though the four apply two different standards […]; six Justices hold that one-parent notification with bypass is constitutional, though for two different sets of reasons […]; and three Justices would hold that one-parent notification with bypass is unconstitutional […]. One will search in vain the document we are supposed to be construing for text that provides the basis for the argument over these distinctions and will find in our society’s tradition regarding abortion no hint that the distinctions are constitutionally relevant, much less any indication how a constitutional argument about them ought to be resolved. The random and unpredictable results of our consequently unchanneled individual views make it increasingly evident, Term after Term, that the tools for this job are not to be found in the lawyer’s – and hence not in the judges – workbox. I continue to dissent from this enterprise of devising an Abortion Code, and from the illusion that we have authority to do so."

"The Constitution contains no right to abortion. It is not to be found in the longstanding traditions of our society, nor can it be logically deduced from the text of the Constitution - not, that is, without volunteering a judicial answer to the nonjusticiable question of when human life begins. Leaving this matter to the political process is not only legally correct, it is pragmatically so. That alone - and not lawyerly dissection of federal judicial precedents - can produce compromises satisfying a sufficient mass of the electorate that this deeply felt issue will cease distorting the remainder of our democratic process. The Court should end its disruptive intrusion into this field as soon as possible."

"The point at which life becomes 'worthless,' and the point at which the means necessary to preserve it become 'extraordinary' or 'inappropriate,' are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory...[therefore] even when it is demonstrated by clear and convincing evidence that a patient no longer wishes certain measures to be taken to preserve her life, it is up to the citizens of Missouri to decide, through their elected representatives, whether that wish will be honored."

"I am persuaded, therefore, that the Maryland procedure is virtually constitutional. Since it is not, however, actually constitutional, I would affirm the judgment of the Maryland Court of Appeals reversing the judgment of conviction."

"Today's extension of the Edwards prohibition is the latest stage of prophylaxis built upon prophylaxis, producing a veritable fairyland castle of imagined constitutional restriction upon law enforcement."

"The story is told of the elderly judge who, looking back over a long career, observes with satisfaction that, when I was young, I probably let stand some convictions that should have been overturned, and when I was old I probably set aside some that should have stood; so overall, justice was done. I sometimes think that is an appropriate analogy to this Court's constitutional jurisprudence, which alternately creates rights that the Constitution does not contain and denies rights that it does. Compare Roe v. Wade, 410 U.S. 113 (1973) (right to abortion does exist) with Maryland v. Craig, 497 U.S. 836 (1990) (right to be confronted with witnesses, U.S. Const., Amdt. 6, does not)."

"Perhaps the dissenters believe that 'offense to others' ought to be the only reason for restricting nudity in public places generally. . . . The purpose of Indiana's nudity law would be violated, I think, if 60,000 fully consenting adults crowded into the Hoosierdome to display their genitals to one another, even if there were not an offended innocent in the crowd."

"Life is too short to pursue every human act to its most remote consequences; "for want of a nail, a kingdom was lost" is a commentary on fate, not the statement of a major cause of action against a blacksmith."

"I think [that] '[t]he judicial Power of the United States' conferred upon this Court 'and such inferior courts as Congress may establish', must be deemed to be the judicial power as understood by our common-law tradition. That is the power 'to say what the law is', Marbury v. Madison, 1 Cranch 137, 177 (1803), not the power to change it."

"The Court's statement that it is 'tempting' to acknowledge the authoritativeness of tradition in order to 'curb the discretion of federal judges' is, of course, rhetoric rather than reality; no government official is 'tempted' to place restraints upon his own freedom of action, which is why Lord Acton did not say 'Power tends to purify.' The Court's temptation is in the quite opposite and more natural direction -- towards systematically eliminating checks upon its own power; and it succumbs."

"In Barnette, we held that a public school student could not be compelled to recite the Pledge; we did not even hint that she could not be compelled to observe respectful silence. . . . Logically, that ought to be the next target for the Court's bulldozer."

"I find it a sufficient embarrassment that our Establishment Clause jurisprudence regarding holiday displays has come to 'require[e] scrutiny more commonly associated with interior decorators than with the judiciary'. But interior decorating is a rock hard science compared to psychology practiced by amateurs."

"The Court's reliance upon stare decisis can best be described as contrived. It insists upon the necessity of adhering not to all of Roe, but only to what it calls the 'central holding.' It seems to me that stare decisis ought to be applied even to the doctrine of stare decisis, and I confess never to have heard of this new, keep-what-you-want-and-throw-away-the-rest version."

"I frankly doubt, moreover, whether the fiercely proud men who adopted our Fourth Amendment would have allowed themselves to be subjected, on mere suspicion of being armed and dangerous, to such indignity."

"As to the Court's invocation of the Lemon test: Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemon stalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches Union Free School District. Its most recent burial, only last Term, was, to be sure, not fully six feet under: Our decision in Lee v. Weisman conspicuously avoided using the supposed test but also declined the invitation to repudiate it. Over the years, however, no fewer than five of the currently sitting Justices have, in their own opinions, personally driven pencils through the creature's heart (the author of today's opinion repeatedly), and a sixth has joined an opinion doing so. The secret of the Lemon test's survival, I think, is that it is so easy to kill. It is there to scare us (and our audience) when we wish it to do so, but we can command it to return to the tomb at will. Such a docile and useful monster is worth keeping around, at least in a somnolent state; one never knows when one might need him."

"'Abusive' (or 'hostile,' which in this context I take to mean the same thing) does not seem to me a very clear standard - and I do not think clarity is at all increased by adding the adverb objectively or by appealing to a reasonable person's notion of what the vague word means."

"Justice Blackmun begins his statement [declaring Blackmun's opposition to capital punishment] by describing with poignancy the death of a convicted murderer by lethal injection. He chooses, as the case in which to make that statement, one of the less brutal of the murders that regularly come before us, the murder of a man ripped by a bullet suddenly and unexpectedly, with no opportunity to prepare himself and his affairs, and left to bleed to death on the floor of a tavern. The death-by-injection which Justice Blackmun describes looks pretty desirable next to that. It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat. See McCollum v. North Carolina. How enviable a quiet death by lethal injection compared with that!"

"I have been willing, in the case of civil statutes, to acknowledge a doctrine of scrivener's error that permits a court to give an unusual (though not unheard of) meaning to a word which, if given its normal meaning, would produce an absurd and arguably unconstitutional result."

"The Court today finds that the Powers That Be, up in Albany, have conspired to effect an establishment of the Satmar Hasidim. I do not know who would be more surprised at this discovery: the Founders of our Nation or Grand Rebbe Joel Teitelbaum, founder of the Satmar. The Grand Rebbe would be astounded to learn that after escaping brutal persecution and coming to America with the modest hope of religious toleration for their ascetic form of Judaism, the Satmar had become so powerful, so closely allied with Mammon, as to have become an establishment of the Empire State. And the Founding Fathers would be astonished to find that the Establishment Clause — which they designed to insure that no one powerful sect or combination of sects could use political or governmental power to punish dissenters — has been employed to prohibit characteristically and admirably American accommodation of the religious practices (or more precisely, cultural peculiarities) of a tiny minority sect. I, however, am not surprised. Once this Court has abandoned text and history as guides, nothing prevents it from calling religious toleration the establishment of religion."

"Individuals who have been wronged by unlawful racial discrimination should be made whole; but under our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual . . . . To pursue the concept of racial entitlement - even for the most admirable and benign of purposes - is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American."

"Words do have a limited range of meaning, and no interpretation that goes beyond that range is permissible."

"The Court has mistaken a Kulturkampf for a fit of spite. The constitutional amendment before us here is not the manifestation of a "'bare ... desire to harm' " homosexuals, ante, at 634, but is rather a modest attempt by seemingly tolerant Coloradans to preserve traditional sexual mores against the efforts of a politically powerful minority to revise those mores through use of the laws. That objective, and the means chosen to achieve it, are not only unimpeachable under any constitutional doctrine hitherto pronounced (hence the opinion's heavy reliance upon principles of righteousness rather than judicial holdings); they have been specifically approved by the Congress of the United States and by this Court. In holding that homosexuality cannot be singled out for disfavorable treatment, the Court contradicts a decision, unchallenged here, pronounced only 10 years ago, see Bowers v. Hardwick, 478 U. S. 186 (1986), and places the prestige of this institution behind the proposition that opposition to homosexuality is as reprehensible as racial or religious bias. Whether it is or not is precisely the cultural debate that gave rise to the Colorado constitutional amendment (and to the preferential laws against which the amendment was directed.) Since the Constitution of the United States says nothing about this subject, it is left to be resolved by normal democratic means, including the democratic adoption of provisions in state constitutions. This Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected, pronouncing that "animosity" toward homosexuality, ante, at 634, is evil. I vigorously dissent."

"It is one of the unhappy incidents of the federal system that a self-righteous Supreme Court, acting on its Members' personal view of what would make a 'more perfect Union' (a criterion only slightly more restrictive than a 'more perfect world') can impose its own favored social and economic dispositions nationwide."

"It is hard to consider women a 'discrete and insular minority', unable to employ the 'political processes ordinarily to be relied upon' when they constitute a majority of the electorate. And the suggestion that they are incapable of exerting that political power smacks of the same paternalism that the Court so roundly condemns."

"The tradition of having government-funded military schools for men is as well rooted in the traditions of this country as the tradition of sending only men into military combat. The people may decide to change the one tradition, like the other, through democratic processes; but the assertion that either tradition has been unconstitutional through the centuries is not law, but politics-smuggled-into-law."

"What secret knowledge, one must wonder, is breathed into lawyers when they become Justices of this Court, that enables them to discern that a practice which the text of the Constitution does not clearly proscribe, and which our people have regarded as constitutional for 200 years, is in fact unconstitutional? […] The Court must be living in another world. Day by day, case by case, it is busy designing a Constitution for a country I do not recognize."

"I respectfully, and indeed diffidently, dissent."

"Bork has essentially given up. I'm not ready to throw in the towel."

"I'm not going to rip all that up. It's water over the dam. The people have gotten used to it. You know, that's what Stare Decisis is all about. In other words, I am an originalist. I am a textualist. I am not a nut."

"Textualism should not be confused with so-called strict constructionism, which is a degraded form of textualism that brings the whole philosophy into disrepute. I am not a strict constructionist, and no one ought to be--though better that, I suppose, than a nontextualist. A text should not be construed strictly, and it should not be construed leniently; it should be construed reasonably, to contain all that it fairly means."

"If to state this case is not to decide it, the law has departed further from the meaning of language than is appropriate for a government that is supposed to rule (and to be restrained) through the written word."

"Avant-garde artistes such as respondents remain entirely free to épater les bourgeois [shock the middle classes]; they are merely deprived of the additional satisfaction of having the bourgeoisie taxed to pay for it. It is preposterous to equate the denial of taxpayer subsidy with measures 'aimed at the suppression of dangerous ideas.'"

"'The operation was a success, but the patient died.' What such a procedure is to medicine, the Court's opinion in this case is to law."

"Legislative flexibility on the part of Congress will be the touchstone of federalism when the capacity to support combustion becomes the acid test of a fire extinguisher. Congressional flexibility is desirable, of course - but only within the bounds of federal power established by the Constitution. Beyond those bounds (the theory of our Constitution goes), it is a menace."

"In my view, a right of parents to direct the upbringing of their children is among the 'unalienable Rights' with which the Declaration of Independence proclaims 'all Men . . . are endowed by their Creator.'"

"What today's decision will stand for, whether the Justices can bring themselves to say it or not, is the power of the Supreme Court to write a prophylactic, extraconstitutional Constitution, binding on Congress and the States."

"The notion that the Constitution of the United States, designed, among other things, 'to establish Justice, insure domestic Tranquility, . . . and secure the Blessings of Liberty to ourselves and our Posterity,' prohibits the States from simply banning this visibly brutal means of eliminating our half-born posterity is quite simply absurd."

"If one assumes, however, that the PGA TOUR has some legal obligation to play classic, Platonic golf—and if one assumes the correctness of all the other wrong turns the Court has made to get to this point—then we Justices must confront what is indeed an awesome responsibility. It has been rendered the solemn duty of the Supreme Court of the United States, laid upon it by Congress in pursuance of the Federal Government's power [t]o regulate Commerce with foreign Nations, and among the several States, U. S. Const., Art. I, § 8, cl. 3, to decide What Is Golf. I am sure that the Framers of the Constitution, aware of the 1457 edict of King James II of Scotland prohibiting golf because it interfered with the practice of archery, fully expected that sooner or later the paths of golf and government, the law and the links, would once again cross, and that the judges of this august Court would some day have to wrestle with that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer, we learn, is yes. The Court ultimately concludes, and it will henceforth be the Law of the Land, that walking is not a fundamental aspect of golf."

"I am left to defend the 'dead' Constitution."

"My difficulty with Roe v. Wade is a legal rather than a moral one. I do not believe – and no one believed for 200 years – that the Constitution contains a right to abortion. And if a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law, for the same reason that I vote against invalidation of laws that contradict Roe v. Wade; namely, simply because the Constitution gives the federal government and, hence, me no power over the matter."

"Today's decision is the pinnacle of our Eighth Amendment death-is-different jurisprudence. Not only does it, like all of that jurisprudence, find no support in the text or history of the Eighth Amendment; it does not even have support in current social attitudes regarding the conditions that render an otherwise just death penalty inappropriate. Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members."

"Campaign promises are, by long democratic tradition, the least binding form of human commitment."

"It seems to me that the more Christian a country is the less likely it is to regard the death penalty as immoral. Abolition has taken its firmest hold in post-Christian Europe, and has least support in the church-going United States. I attribute that to the fact that, for the believing Christian, death is no big deal. Intentionally killing an innocent person is a big deal: it is a grave sin, which causes one to lose his soul. But losing this life, in exchange for the next? The Christian attitude is reflected in the words Robert Bolt’s play has Thomas More saying to the headsman: 'Friend, be not afraid of your office. You send me to God'. For the nonbeliever, on the other hand, to deprive a man of his life is to end his existence."

"Since [Walton v. Arizona, 497 U.S.], I have acquired new wisdom ...or, to put it more critically, have discarded old ignorance"

"[Laws] prohibiting sodomy do not seem to have been enforced against consenting adults acting in private... I do not know what 'acting in private' means; surely consensual sodomy, like heterosexual intercourse, is rarely performed on stage."

"[The Texas anti-sodomy statute] undoubtedly imposes constraints on liberty. So do laws prohibiting prostitution, recreational use of heroin, and, for that matter, working more than 60 hours per week in a bakery. But there is no right to 'liberty' under the Due Process Clause, though today's opinion repeatedly makes that claim. . . . The Fourteenth Amendment expressly allows States to deprive their citizens of 'liberty,' so long as 'due process of law' is provided. . . ."

"If you care passionately about something has become the only test to determine if something is constitutional. How passionately do you care?"

"People look at rights as if they were muscles — the more you exercise them, the better they get."

"You could fire a grapefruit out of a cannon over the best law schools in the country - and that includes Chicago - and not hit an originalist."

"We Americans have a method for making the laws that are over us. We elect representatives to two Houses of Congress, each of which must enact the new law and present it for the approval of a President, whom we also elect. For over two decades now, unelected federal judges have been usurping this lawmaking power by converting what they regard as norms of international law into American law. Today's opinion approves that process in principle, though urging the lower courts to be more restrained. This Court seems incapable of admitting that some matters - any matters - are none of its business."

"Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis--that, at the extremes of military exigency, inter arma silent leges. Whatever the general merits of the view that war silences law or modulates its voice, that view has no place in the interpretation and application of a Constitution designed precisely to confront war and, in a manner that accords with democratic principles, to accommodate it."

"Robert F. Kennedy used to say, 'Some men see things as they are and ask why. Others dream things that never were and ask why not?'; that outlook has become a far too common and destructive approach to interpreting the law"

"Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty."

"Judges who find Constitutional rights the Framers never intended take important issues out of the public space of democratic debate and suspend them in a sort of legal formaldehyde."

"Have the courage to have your wisdom regarded as stupidity."

"On the point of the Court's Roper decision: I watched one television commentary on the case in which the host had one person defending the opinion on the ground that people should not be subjected to capital punishment for crimes they commit when they are younger than eighteen, and the other person attacked the opinion on the ground that a jury should be able to decide that a person, despite the fact he was under eighteen, given the crime, given the person involved, should be subjected to capital punishment. And it struck me how irrelevant it was, how much the point had been missed. The question wasn’t whether the call was right or wrong. The important question was who [i.e., the Courts or Congress] should make the call."

"What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion - that the meaning of our Constitution has changed over the past 15 years—not, mind you, not that this Court's decision 15 years ago was wrong, but that the Constitution has changed. The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to the evolving standards of decency, of our national society. It then finds, on the flimsiest of grounds, that a national consensus which could not be perceived in our people's laws barely 15 years ago now solidly exists."

"The Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time."

"I think it is up to the judge to say what the Constitution provided, even if what it provided is not the best answer, even if you think it should be amended. If that's what it says, that's what it says."

"Now the Senate is looking for 'moderate' judges, 'mainstream' judges. What in the world is a moderate interpretation of a constitutional text? Halfway between what it says and what we'd like it to say?"

"If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong."

"The main business of a lawyer is to take the romance, the mystery, the irony, the ambiguity out of everything he touches."

"I believe that our people’s traditional belief in the right of trial by jury is in perilous decline. That decline is bound to be confirmed, and indeed accelerated, by the repeated spectacle of a man’s going to his death because a judge found that an aggravating factor existed. We cannot preserve our veneration for the protection of the jury in criminal cases if we render ourselves callous to the need for that protection by regularly imposing the death penalty without it."

"Among the questions considered nonjusticiable is the definition of an impeachable offense. Whatever Congress says is an impeachable offense is an impeachable offense."

"On Global Warming, in response to Massachusetts Assistant Attorney General James Milkey's correction of Scalia's reference to the stratosphere: Troposphere, whatever. I told you before I'm not a scientist. That's why I don't want to have to deal with global warming, to tell you the truth."

"I think too many promising young minds are wasted on it."

"Jack Bauer saved Los Angeles. He saved hundreds of thousands of lives, are you going to convict Jack Bauer? Say that criminal law is against him? 'You have the right to a jury trial?' Is any jury going to convict Jack Bauer? I don't think so.""

"I don't think it's a living document, I think it's dead. More precisely, I think it's enduring. It doesn't change. I think that needs to be orthodoxy."

"As Justice Stevens explains, “ ‘objective evidence, though of great importance, [does] not wholly determine the controversy, for the Constitution contemplates that in the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment.’ ” (quoting Atkins v. Virginia). “I have relied on my own experience in reaching the conclusion that the imposition of the death penalty” Purer expression cannot be found of the principle of rule by judicial fiat. In the face of Justice Stevens’ experience, the experience of all others is, it appears, of little consequence. The experience of the state legislatures and the Congress—who retain the death penalty as a form of punishment—is dismissed as “the product of habit and inattention rather than an acceptable deliberative process.” The experience of social scientists whose studies indicate that the death penalty deters crime is relegated to a footnote. The experience of fellow citizens who support the death penalty is described, with only the most thinly veiled condemnation, as stemming from a “thirst for vengeance.” It is Justice Stevens’ experience that reigns over all."

"What if I am an aficionado of bullfights and I think, contrary to the animal cruelty people, that they ennoble both beast and man. I would not be able to market videos showing people how exciting a bullfight."

"Antonin Scalia: It's erected as a war memorial. I assume it is erected in honor of all of the war dead. It's the — the cross is the — is the most common symbol of — of — of the resting place of the dead, and it doesn't seem to me — what would you have them erect? A cross — some conglomerate of a cross, a , and you know, a Moslem half moon and star? Peter Eliasberg: Well, Justice Scalia, if I may go to your first point. The cross is the most common symbol of the resting place of Christians. I have been in Jewish cemeteries. There is never a cross on a tombstone of a Jew. [Laughter.] So it is the most common symbol to honor Christians. Antonin Scalia: I don't think you can leap from that to the conclusion that the only war dead that that cross honors are the Christian war dead. I think that's an outrageous conclusion."

"Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don't need a constitution to keep things up-to-date. All you need is a legislature and a ballot box."

"In the 1970's and 1980's vaccines became, one might say, victims of their own success. They had been so effective in preventing infectious diseases that the public became much less alarmed at the threat of those diseases, and much more concerned with the risk of injury from the vaccines themselves."

"We are not talking here about a federal law prohibiting the States from regulating bubble-gum advertising, or even the construction of nuclear plants. We are talking about a federal law going to the core of state sovereignty: the power to exclude. […] The Court opinion’s looming specter of inutterable horror—‘[i]f [Section] 3 of the Arizona statute were valid, every State could give itself independent authority to prosecute federal registration violations’—seems to me not so horrible and even less looming. But there has come to pass, and is with us today, the specter that Arizona and the States that support it predicted: A Federal Government that does not want to enforce the immigration laws as written, and leaves the States’ borders unprotected against immigrants whom those laws would exclude. So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws? […] Arizona bears the brunt of the country’s illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so. […] Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it. The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State."

"If I were king, I would not allow people to go about burning the American flag. However, we have a First Amendment which says that the right of free speech shall not be abridged. And it is addressed, in particular, to speech critical of the government."

"The problem here, however, is suggested by the comment I made earlier, that the initial enactment of this legislation in a — in a time when the need for it was so much more abundantly clear was — in the Senate, there — it was double-digits against it. And that was only a 5-year term. Then, it is reenacted 5 years later, again for a 5-year term. Double-digits against it in the Senate. Then it was reenacted for 7 years. Single digits against it. Then enacted for 25 years, 8 Senate votes against it. And this last enactment, not a single vote in the Senate against it. And the House is pretty much the same. Now, I don't think that's attributable to the fact that it is so much clearer now that we need this. I think it is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial ."

"Today's judgment will, to be sure, have the beneficial effect of solving more crimes; then again, so would the taking of DNA samples from anyone who flies on an airplane (surely the Transportation Security Administration needs to know the “identity” of the flying public), applies for a driver's license, or attends a public school. Perhaps the construction of such a genetic panopticon is wise. But I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection."

"I think the main fight is to dissuade Americans from what the secularists are trying to persuade them to be true: that the separation of church and state means that the government cannot favor religion over nonreligion... That's a possible way to run a political system. The Europeans run it that way... And if the American people want to do it, I suppose they can enact that by statute. But to say that's what the Constitution requires is utterly absurd."

"[N]ot once in the history of the American Republic has this Court ever suggested the death penalty is categorically impermissible. The reason is obvious: It is impossible to hold unconstitutional that which the Constitution explicitly contemplates. The Fifth Amendment provides that "[n]o person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury," and that no person shall be "deprived of life . . . without due process of law.""

"You're looking at me as though I'm weird. My god! Are you so out of touch with most of America, most of which believes in the devil? I mean, Jesus Christ believed in the devil! It's in the Gospels! You travel in circles that are so, so removed from mainstream America that you are appalled that anybody would believe in the devil! Most of mankind has believed in the devil, for all of history. Many more intelligent people than you or me have believed in the devil."

"The Court's opinion serves up a freedom-destroying cocktail consisting of two parts patent falsity."

"Humanity has been around for at least some 5,000 years or so, and I doubt that the basic challenges it has confronted are any worse now, or, alas, even much different, from what they ever were."

"Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State” means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites."

"It is not of special importance to me what the law says about marriage. It is of overwhelming importance, however, who it is that rules me. Today's decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact—and the furthest extension one can even imagine—of the Court's claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves."

"A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy."

"If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie."

"To tell you the truth there is no place for that in our constitutional tradition. Where did that come from? To be sure, you can't favor one denomination over another but can't favor religion over non-religion?"

"God has been very good to us. That we won the revolution was extraordinary. The Battle of Midway was extraordinary. I think one of the reasons God has been good to us is that we have done him honor. Unlike the other countries of the world that do not even invoke his name we do him honor. In presidential addresses, in Thanksgiving proclamations and in many other ways."

"Winning and losing, that's never been my objective. It's my hope that in the fullness of time, the majority of the court will is come to see things as I do."

"The body of scientific evidence supporting creation science is as strong as that supporting evolution. In fact, it may be stronger.... The evidence for evolution is far less compelling than we have been led to believe. Evolution is not a scientific "fact," since it cannot actually be observed in a laboratory. Rather, evolution is merely a scientific theory or "guess."... It is a very bad guess at that. The scientific problems with evolution are so serious that it could accurately be termed a "myth.""

"Mere factual innocence is no reason not to carry out a death sentence properly reached."

"He was a towering figure who will be remembered as one of the most important figures in the history of the Supreme Court and a scholar who deeply influenced our legal culture. His intellect, learning, wit, and memorable writing will be sorely missed."

"Justice Scalia, do you sodomize your wife?"

"Scalia will be remembered chiefly for moving the conversation about statutory interpretation—in the direction of textualism—and constitutional interpretation—toward originalism. I have almost always found myself on the other side of these debates, but I nonetheless appreciate the magnitude of his influence. He redefined both fields."

"He was a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh. The press referred to his ‘energetic fervor,’ ‘astringent intellect,’ ‘peppery prose,’ ‘acumen,’ and ‘affability,’ all apt descriptions. He was eminently quotable, his pungent opinions so clearly stated that his words never slipped from the reader’s grasp. […] It was my great good fortune to have known him as working colleague and treasured friend."

"Scalia was one of the most concerned members of the court about criminalizing politics and the line between what's allowed and what's not allowed. I think his voice would have been a very important one in the McDonnell case."

"In January 2002, Supreme Court Associate Justice Antonin Scalia made a major speech so sweeping and extreme in its contempt for democracy, and so willfully oblivious to the Constitution’s grounding in human rather than divine authority, that it might well, in an era when American secularists were less intimidated by the forces of religion, have elicited calls for impeachment."

"Scalia is right to observe that what a person believes happens after death determines his view of it-and therefore, his ethics. It is remarkable that we are the last civilized nation that still puts 'evildoers' to death, and Justice Scalia rightly attributes this to our style of religiosity...Scalia supports the use of capital punishment even in cases where the defendant is acknowledged to be mentally retarded. He also upholds state sodomy laws (in this case, even when they are applied in an exclusive and discriminating way to homosexuals.) Needless to say, Scalia has found legal reasons to insist that the Supreme Court not leaven the religious dogmatism of the states, but he leaves little doubt that he looks to Saint Paul, and perhaps to the barbarous authors of Leviticus for guidance on these matters."

"Scalia will go down in history as one of the most transformational Supreme Court Justices of our nation. His views on interpreting texts have changed the way all of us think and talk about the law. I admired Nino for his brilliance and erudition, his dedication and energy, and his peerless writing. And I treasured Nino’s friendship. I will always remember, and greatly miss, his warmth, charm, and generosity."

"In years to come any history of the Supreme Court will, and must, recount the wisdom, scholarship, and technical brilliance that Justice Scalia brought to the Court. His insistence on demanding standards shaped the work of the Court in its private discussions, its oral arguments, and its written opinions."

"the people's right to have their day in court is being foreclosed. Corporate victories in federal and state elections work hand in hand with this mission by assuring the nomination of more commercially-responsive judges such as Chief Justice Roberts, and Justices Scalia and Alito, with the same being true in many states."

"I am saddened to report that our colleague Justice Antonin Scalia has passed away. He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served."

"Richard Epstein's book, Takings: Private Property and the Power of the Eminent Domain, is the bible of the "ownership society" of the cowboy capitalists of the 21st century. It is also the bible of judges like Clarence Thomas and Antonio Scalia who have used Epstein's philosophy of takings to undo the Clean Water Act, the Endangered Species Act, and alter laws based on the public trust doctrine."

"[E]ven now, I'm confident Scalia's anti-gay beliefs will remain as a lasting blotch on his memory. But in a few decades—when a majority of Americans can't remember a time when the Constitution did not guarantee gay people the same fundamental rights as heterosexuals—the sting of this rhetoric will dwindle. Scalia, after all, was writing in dissent; his words had little impact on the country. […] Memories of his regrettable prejudices will recede, and in their place will emerge the image of a titan of constitutional law, a deeply principled, sincerely dedicated man who devoted his life to the court he loved."

"[I]f...a society adopts a constitution and incorporates in that constitution safeguards of individual liberty, these safeguards do indeed take on a general moral rightness or goodness. They assume a general social acceptance neither because of any intrinsic worth nor because of any unique origins in someone's idea of natural justice but instead simply because they have been incorporated in a constitution by the people."

"It is, I believe, impossible to justify the sacrifice of even a portion of our historic individual freedom for a purpose such as [giving blacks, Latinos and Jews the right to be served in local motels, hotels and restaurants]."

"Pregnancy is of course confined to women, but it is in other ways significantly different from the typical covered disease or disability."

"This result […] will daily stand as a veritable sword of Damocles over every succeeding president and his advisers."

"The Constitution requires that Congress treat similarly situated persons similarly, not that it engage in gestures of superficial equality."

"No amount of repetition of historical errors in judicial opinions can make the errors true. The "wall of separation between church and State" is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned."

"The considered professional judgment of the Air Force is that the traditional outfitting of personnel in standardized uniforms encourages the subordination of personal preferences and identities in favor of the overall group mission."

"[Jury selection] is best based upon seat-of-the-pants instincts, which are undoubtedly crudely stereotypical and may in many cases be hopelessly mistaken."

"At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public interest and concern. The freedom to speak one's mind is not only an aspect of individual liberty – and thus a good unto itself – but also is essential to the common quest for truth and the vitality of society as a whole. We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions. The First Amendment recognizes no such thing as a "false" idea."

"A public library does not acquire Internet terminals in order to create a public forum for Web publishers to express themselves, any more than it collects books in order to provide a public forum for the authors of books to speak."

"[T]he Constitution does not guarantee the right to acquire information at a public library without any risk of embarrassment."

"To the extent that libraries wish to offer unfiltered access, they are free to do so without federal assistance."

"It is about time the Court faced the fact that the white people in the South don't like the colored people; the Constitution restrains them from effecting this dislike through state action, but it most assuredly did not appoint the Court as a sociological watchdog to rear up every time private discrimination raises its admittedly ugly head. To the extent that this decision advances the frontier of state action and 'social gain,' it pushes back the frontier of freedom of association and majority rule."

"The Supreme Court is an institution far more dominated by centrifugal forces, pushing toward individuality and independence, than it is by centripetal forces pulling for hierarchical ordering and institutional unity."

"Somewhere "out there," beyond the walls of the courthouse, run currents and tides of public opinion which lap at the courtroom door."

"An oft-heard description of the Supreme Court is that it is the ultimate protector in our society of the liberties of the individual. This phrase describes an important role of the Supreme Court, but by ignoring other equally important functions of the Court, it has a potential for mischief. It is a fairly short leap from this language to a feeling that the US Constitution is somehow "vindicated" every time a claim of individual right against government is upheld, and is not vindicated whenever such a claim is not upheld. But this, of course, cannot be the case. The role of the Supreme Court is to uphold those claims of individual liberty that it finds are well-founded in the Constitution, and to reject other claims against the government that it concludes are not well-founded. Its role is no more to exclusively uphold the claims of the individual than it is to exclusively uphold the claims of the government: It must hold the constitutional balance true between these claims."

"When you are young and impecunious, society conditions you to exchange time for money, and this is quite as it should be. Very few people are hurt by having to work for a living. But as you become more affluent, it somehow is very, very difficult to reverse that process and begin trading money for time."

"I've often started off with a lawyer joke, a complete caricature of a lawyer who's been nasty, greedy, and unethical. But I've stopped that practice. I gradually realized that the lawyers in the audience didn't think the jokes were funny and the non-lawyers didn't know they were jokes."

"Actually, the Swedish genealogists were so good that I found out more than I wanted to about my Swedish ancestors: one of them in the 17th century was executed for having embezzled funds from an estate for which he was the steward."

"As for the name Rehnquist, I am quite uncertain as to its origin. Under the Swedish patronymic system of naming, my grandfather and his brothers would have been named Anderson, since Anders was the name of their father. "Quist" in Swedish means branch, I am told. For example, "Lindquist" means lime branch or linden branch, and Palmquist means palm branch. The best I can come up with is that the "rehn" in my name refers to a small village near the farm on which my grandfather grew up."

"It has been said that Sweden's loss has been America's gain, and I think this is true. Swedish immigrants and their descendants have contributed a great deal to America and it is worthwhile to remember our Swedish heritage."

"A judge who is a 'strict constructionist' in constitutional matters will generally not be favorably inclined toward claims of either criminal defendants or civil rights plaintiffs—the latter two groups having been the principal beneficiaries of the Supreme Court's 'broad constructionist' reading of the Constitution."

"Inadequate compensation seriously compromises the judicial independence fostered by life tenure. That low salaries might force judges to return to the private sector rather than stay on the bench risks affecting judicial performance. . . Every time an experienced judge leaves the bench, the nation suffers temporary loss in judicial productivity. Diminishing judicial salaries affects not only those who have become judges but also the pool of those willing to be considered for a position on the federal bench."

"Our judges will not continue to represent the diverse face of America if only the well-to-do or the mediocre are willing to become judges."

"The framers of our Constitution came up with two major contributions to the art of government. The first was the idea of an executive not dependent on the political support of the legislature. The second was the idea of the judiciary independent of the executive and legislative branches."

"I want to put to rest the speculation and unfounded rumors of my imminent retirement... I am not about to announce my retirement. I will continue to perform my duties as chief justice as long as my health permits."

"Well, I think it's a very good job. One of the most appealing things about it is that... it enables you to participate in some way and to some extent in the way the country is governed but you're able to maintain a private life as well."

"I think Alexander Hamilton has received a little bit of short shrift from history, and I think Jefferson has been treated a little bit too generously. I admire them both, but I admire them both about equally."

"If you could say of any one individual that the court as an institution is the length and shadow of that individual, surely it would be John Marshall."

"Perhaps you should say there should be mandatory retirement even of members of the court, members of the federal judiciary. I'm sure there can be questions about whether one does as good work when you get into your—you know, I'm 67."

"The court has built a great deal of prestige, and I think is generally quite well thought of as a public institution in the country. It is always possible for the court to overreach its proper bounds and perhaps declare a lot of laws unconstitutional and frustrate the will of the majority in a way that it ought not be frustrated. In that sense, it poses a danger, but not the same sort of perhaps very active danger that a run-away Congress or runaway executive would."

"Well, it's just a sense of personal satisfaction. Just like taking a good photograph or painting a picture or playing a good golf game or something, it's the thing in itself that justifies it."

"[Rehnquist] was funny and charming, very bright and quick. He could give you all the good conservative arguments on any issue. He had no sympathy for criminal defendants — none. When you talked about the problem of the cities or the poor or blacks, it was clear he had no understanding. It was a universe he didn't comprehend."

"All nine of the justices on the Court at that time - Rehnquist, Scalia, Thomas, O'Connor, Kennedy, Stevens, Souter, Ginsburg, and Breyer - were extremely intelligent. But even in that room Rehnquist stood out. He had been first in his class at Stanford Law and he had a photographic memory, unlike any I'd ever encountered. My first impression of him proved right. He really didn't need law clerks. He was so damned smart. Most of the justices had law clerks prepare long bench memos on cases. Rehnquist didn't need that. He just wanted three-page summaries of the facts. He knew all the rest already."

"The President so fully represents his party, which secures political power by its promise to the people, and the whole government is so identified in the minds of the people with his personality that they make him responsible for all the sins of omission and of commission of society at large. This would be ludicrous if it did not have sometimes serious results. The President cannot make clouds to rain and cannot make the corn to grow, he cannot make business good; although when these things occur, political parties do claim some credit for the things that have happened in this way. He has no power of state legislation, which covers a very wide field and which comes in many respects much closer to the happiness of the people than the Federal Government."

"I am a Unitarian. I believe in God. I do not believe in the divinity of Christ, and there are many postulates of the orthodox creed to which I cannot subscribe."

"The welfare of the farmer is vital to that of the whole country."

"If humor be the safety of our race, then it is due largely to the infusion into the American people of the Irish brain."

"We are all imperfect. We can not expect perfect government."

"I have come to the conclusion that the major part of the work of a President is to increase the gate receipts of expositions and fairs and bring tourists to town."

"I am in favor of helping the prosperity of all countries because, when we are all prosperous, the trade of each becomes more valuable to the other."

"One of the marvelous things about him is that he is strong enough to force the men who dislike him the most to stand by him. By far he is the strongest man before the people to-day except Roosevelt. I think his greatest fault is his failure to accord credit to anyone for what he may have done. This is a great weakness in any man. I think it was one of the strongest things about Roosevelt. He never tried to minimize what other people did and often exaggerated it."

"I love judges, and I love courts. They are my ideals, that typify on earth what we shall meet hereafter in heaven under a just God."

"The intoxication of power rapidly sobers off in the knowledge of its restrictions and under the prompt reminder of an ever-present and not always considerate press, as well as the kindly suggestions that not infrequently come from Congress."

"The diplomacy of the present administration has sought to respond to modern ideas of commercial intercourse. This policy has been characterized as substituting dollars for bullets. It is one that appeals alike to idealistic humanitarian sentiments, to the dictates of sound policy and strategy, and to legitimate commercial aims."

"Next to the right of liberty, the right of property is the most important individual right guaranteed by the Constitution and the one which, united with that of personal liberty, has contributed more to the growth of civilization than any other institution established by the human race."

"Socialism proposes no adequate substitute for the motive of enlightened selfishness that to-day is at the basis of all human labor and effort, enterprise and new activity."

"There is nothing so despicable as a secret society that is based upon religious prejudice and that will attempt to defeat a man because of his religious beliefs. Such a society is like a cockroach — it thrives in the dark. So do those who combine for such an end."

"It is one of the deepest wounds that I have had as an American and a lover of the Constitution and a believer in progressive conservatism, that such a man as Brandeis could be put on the Court."

"There is only one thing I wast to say about Ohio that has a political tinge, and that is that I think a mistake has been made of recent years in Ohio in failing to continue as our representatives the same people term after term. I do not need to tell a Washington audience, among whom there are certainly some who have been interested in legislation, that length of service in the House and in the Senate is what gives influence."

"Anti-Semitism is a noxious weed that should be cut out. It has no place in America."

"It is important, of course, that controversies be settled right, but there are many civil questions which arise between individuals in which it is not so important the controversy be settled one way or another as that it be settled. Of course a settlement of a controversy on a fundamentally wrong principle of law is greatly to be deplored, but there must of necessity be many rules governing the relations between members of the same society that are more important in that their establishment creates a known rule of action than that they proceed on one principle or another. Delay works always for the man with the longest purse."

"The truth is that in my present life I don’t remember that I ever was president."

"The world is not going to be saved by legislation."

"We live in a stage of politics, where legislators seem to regard the passage of laws as much more important than the results of their enforcement."

"Presidents may go to the seashore or to the mountains. Cabinet officers may go about the country explaining how fortunate the country is in having such an administration, but the machinery at Washington continues to operate under the army of faithful non-commissioned officers, and the great mass of governmental business is uninterrupted."

"Substantial progress toward better things can rarely be taken with out developing new evils requiring new remedies."

"The President cannot make clouds to rain and cannot make the corn to grow, he cannot make business good; although when these things occur, political parties do claim some credit for the good things that have happened in this way."

"If I run as the regular Republican nominee, I may go down to defeat if a bolt is started by Roosevelt, but I will retain the regular organization of the party as a nucleus about which the conservative people who are in favor of maintaining constitutional government can gather, both from the Democratic and Republican parties, and we will have two radicals and one conservative."

"Politics, when I am in it, makes me sick."

"I'll be damned if I am not getting tired of this. It seems to be the profession of a President simply to hear other people talk."

"Don't worry over what the newspapers say. I don't. Why should anyone else? I told the truth to the newspaper correspondents - but when you tell the truth to them they are at sea."

"The publishers profess to be the agents of heaven in establishing virtue and therefore that they ought to receive some subsidy from the government. I can ask no stronger refutation to this claim … than the utterly unscrupulous methods pursued by them in seeking to influence Congress on this subject."

"Presidents come and go, but the Supreme Court goes on forever."

"Enthusiasm for a cause sometimes warps judgment."

"Some men are graduated from college cum laude, some are graduated summa cum laude, and some are graduated mirabile dictu."

"No tendency is quite so strong in human nature as the desire to lay down rules of conduct for other people."

"The year 1908 saw the election of the first U.S. president to successfully weigh more than three hundred pounds, William Howard Taft, who ran on a platform of reinforced concrete and who, in a stirring inauguration speech, called for "a bacon cheeseburger and a side order of fries." Another important occurrence in the Taft administration was the famous Ballinger-Pinchot affair, which is truly one of the most fascinating and bizarre episodes in the nation's history, although it is quite frankly none of your business. (Especially the part about the dwarf goat.)"

"One advantage possessed by Mr. Taft over Mr. Hughes is that Mr. Taft is able to cover more ground—especially when sitting down."

"Taft was cheerful, friendly, a typical hail-fellow-well-met with an infectious chuckle. Always popular, he had many friends but, surprisingly, few intimates. "One of the astonishing things about Taft's four years in the White House," wrote biographer Henry F. Pringle, "was the almost total lack of men, related or otherwise, upon whom he could lean... For the most part he faced his troubles alone." He was not happy as President. The break with his predecessor and former mentor, Theodore Roosevelt, weighed heavily on his mind; he was often irritable, depressed, at least once in tears. He regained his good spirits in retirement and as chief justice."

"In 1912 President William H. Taft declared: "The day is not far distant when three Stars and Stripes at three equidistant points will mark our territory: one at the North Pole, another at the Panama Canal, and the third at the South Pole. The whole hemisphere will be ours in fact as, by virtue of our superiority of race, it already is ours morally. " Taft said that the correct path of justice in U.S. foreign policy "may well be made to include active intervention to secure for our merchandise and our capitalists opportunity for profitable investment."

"A little before eight-thirty the President and Mrs. Taft and the family would come down to the private dining room for breakfast. As a rule he would eat two oranges, a twelve-ounce beefsteak, several pieces of toast and butter and a vast quantity of coffee, with cream and sugar. In looking through my diaries of this period I find that on November 27th, 1911, I have a note which reads: "The President weighs 332 pounds and tells me with a great laugh that he is going on a diet but that 'things are in a sad state of affairs when a man can't even call his gizzard his own.'""

"While the fabled cherry trees in Washington represent a suitable monument for Nellie Taft, there is no memorial to her husband, except perhaps the magnificent home for his Court—one for which he eagerly planned. But he died even before ground was broken for the structure. As he reacted to his overwhelming defeat for reelection in 1912, Taft had written that "I must wait for years if I would be vindicated by the people ... I am content to wait." Perhaps he has waited long enough."

"Many years before Harry Truman fired General Douglas MacArthur, there was another prima donna general, the renowned John C. Frémont. For issuing orders authorizing the emancipation of slaves in Missouri without presidential permission, Lincoln fired him on the spot. As for MacArthur, he should have known better: the same thing had also happened to his own father. Back in the early 1900s, General Arthur MacArthur, military governor of the Philippines, made the stupid mistake of not recognizing the superior authority of the civilian governor, William Howard Taft, who later became president. Years later, when MacArthur's turn came to be promoted to Army Chief of Staff, Taft blackballed him."

"Writing in The Crisis in 1911, W.E.B. Du Bois bitterly described Taft's betrayal of black Americans. "In the face of a record of murder, lynching and burning in this country which has appalled the civilized world and loosened the tongue of many a man long since dumb on the race problem, spite of this, Mr. Taft has blandly informed a deputation of colored men that any action on his part is quite outside his power, if not his interest.""

"The President recognized that the creation of the Bull Moose party would mean “a long hard fight with probable defeat” in November, but it would also end all future chances of Roosevelt’s nomination by the Republican party. The President believed that Roosevelt had so discredited himself at the convention that “many who followed him before . . . will now fall away from him and yield to the calls of regularity.” In any case, Taft felt that victory in November was not as important as preserving the party as the defender of “conservative government and conservative institutions.” He almost welcomed a purifying defeat."

"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

"In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently."

"Poor Joshua! Victim of repeated attacks by an irresponsible, bullying, cowardly, and intemperate father, and abandoned by respondents who placed him in a dangerous predicament and who knew or learned what was going on, and yet did essentially nothing except, as the Court revealingly observes, ante, at 193, "dutifully recorded these incidents in [their] files." It is a sad commentary upon American life, and constitutional principles - so full of late of patriotic fervor and proud proclamations about "liberty and justice for all" - that this child, Joshua DeShaney, now is assigned to live out the remainder of his life profoundly retarded. Joshua and his mother, as petitioners here, deserve - but now are denied by this Court - the opportunity to have the facts of their case considered in the light of the constitutional protection that 42 U.S.C. 1983 is meant to provide.""

"I fear for the future. I fear for the liberty and equality of the millions of women who have lived and come of age in the 16 years since Roe was decided. I fear for the integrity of, and public esteem for, this Court. [...] For today, at least, the law of abortion stands undisturbed. For today, the women of this Nation still retain the liberty to control their destinies. But the signs are evident and very ominous, and a chill wind blows."

"From this day forward, I no longer shall tinker with the machinery of death. For more than 20 years, I have endeavored - indeed, I have struggled - along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court's delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed."

"Slaves, though held by the laws of men, are free by the laws of God."

"No power on earth has a right to take our property from us without our consent."

"The Americans are the first people whom heaven has favoured with an opportunity of deliberating upon and choosing forms of government under which they should live."

"Among the strange things of this world, nothing seems more strange than that men pursuing happiness should knowingly quit the right and take a wrong road, and frequently do what their judgments neither approve nor prefer. Yet so is the fact; and this fact points strongly to the necessity of our being healed, or restored, or regenerated by a power more energetic than any of those which properly belong to the human mind. We perceive that a great breach has been made in the moral and physical systems by the introduction of moral and physical evil; how or why, we know not; so, however, it is, and it certainly seems proper that this breach should be closed and order restored. For this purpose only one adequate plan has ever appeared in the world, and that is the Christian dispensation. In this plan I have full faith. Man, in his present state, appears to be a degraded creature; his best gold is mixed with dross, and his best motives are very far from being pure and free from earth and impurity."

"The Bible is the best of all books, for it is the word of God and teaches us the way to be happy in this world and in the next. Continue therefore to read it and to regulate your life by its precepts."

"Our people had been so long accustomed to the practice and convenience of having slaves, that very few among them even doubted the propriety and rectitude of it. Some liberal and conscientious men had indeed, by their conduct and writings, drawn the lawfulness of slavery into question."

"That men should pray and fight for their own freedom, and yet keep others in slavery, is certainly acting a very inconsistent, as well as unjust and, perhaps, impious part, but the history of mankind is filled with instances of human improprieties."

"It is much to be wished that slavery may be abolished. The honour of the States, as well as justice and humanity, in my opinion, loudly call upon them to emancipate these unhappy people. To contend for our own liberty, and to deny that blessing to others, involves an inconsistency not to be excused."

"With equal pleasure I have as often taken notice, that Providence has been pleased to give this one connected country, to one united people; a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs, and who, by their joint counsels, arms and efforts, fighting side by side throughout a long and bloody war, have nobly established their general Liberty and Independence."

"This country and this people seem to have been made for each other, and it appears as if it was the design of Providence, that an inheritance so proper and convenient for a band of brethren, united to each other by the strongest ties, should never be split into a number of unsocial, jealous, and alien sovereignties."

"Similar sentiments have hitherto prevailed among all orders and denominations of men among us. To all general purposes we have uniformly been one people; each individual citizen everywhere enjoying the same national rights, privileges, and protection. As a nation we have made peace and war: as a nation we have vanquished our common enemies: as a nation we have formed alliances, and made treaties, and entered into various compacts and conventions with foreign States."

"It is too true, however disgraceful it may be to human nature, that nations in general will make war whenever they have a prospect of getting anything by it; nay, absolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans. These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people."

"Distrust naturally creates distrust, and by nothing is good-will and kind conduct more speedily changed than by invidious jealousies and uncandid imputations, whether expressed or implied."

"Every man of every color and description has a natural right to freedom."

"It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision ... You have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy."

"It certainly is very desirable that a pacific disposition should prevail among all nations. The most effectual way of producing it, is by extending the prevalence and influence of the gospel. Real Christians will abstain from violating the rights of others, and therefore will not provoke war. Almost all nations have peace or war at the will and pleasure of rulers whom they do not elect, and who are not always wise or virtuous. Providence has given to our people the choice of their rulers, and it is the duty, as well as the privilege and interest, of our Christian nation to select and prefer Christians for their rulers."

"With the sure sagacity of a leader of men, Washington at once selected, for the highest and most responsible stations, the three chief Americans who represented the three forces in the nation which alone could command success in the institution of the government. Hamilton was the head, Jefferson was the heart, and John Jay was the conscience. Washington's just and serene ascendancy was the lambent flame in which these beneficent powers were fused, and nothing less than that ascendancy could have ridden the whirlwind and directed the storm that burst around him."

"By this constitution [NY State 1777] the right of suffrage was, in several instances, restricted to freeholders; it being a favourite maxim with Mr. Jay, that those who own the country ought to govern it."

"I fear that, eventually, we are all going to become collateral damage in the war on drugs, or terrorism, or whatever war is in vogue at the moment."

"For better or worse, we are the Court of Appeals for the Hollywood Circuit. Millions of people toil in the shadow of the law we make, and much of their livelihood is made possible by the existence of intellectual property rights. But much of their livelihood - and much of the vibrancy of our culture - also depends on the existence of other intangible rights: The right to draw ideas from a rich and varied public domain, and the right to mock, for profit as well as fun, the cultural icons of our time."

"The parties are advised to chill."

"In a very real sense, the Constitution is our compact with history . . . [but] the Constitution can maintain that compact and serve as the lodestar of our political system only if its terms are binding on us. To the extent we depart from the document's language and rely instead on generalities that we see written between the lines, we rob the Constitution of its binding force and give free reign to the fashions and passions of the day."

"Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain. Nothing today, likely nothing since we tamed fire, is genuinely new: Culture, like science and technology, grows by accretion, each new creator building on the works of those who came before. Overprotection stifles the very creative forces it's supposed to nurture.""

"Just to prove that even the silliest idea can be pursued to its illogical conclusion, Legal Realism spawned Critical Legal Studies."

"This is really a pretty good system you have here. What do you call it? "Due process". We're very proud of it."

"The majority falls prey to the delusion—popular in some circles—that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll. But the simple truth—born of experience—is that tyranny thrives best where government need not fear the wrath of an armed people."

"Appellate review is not a magic wand and we undermine public confidence in the judicial process when we make it look like it is."

"Membership in the bar is a privilege burdened with conditions."

"Consequences cannot alter statutes, but may help to fix their meaning."

"The defendant styles herself "a creator of fashions." Her favor helps a sale. Manufacturers of dresses, millinery and like articles are glad to pay for a certificate of her approval. The things which she designs, fabrics, parasols and what not, have a new value in the public mind when issued in her name. She employed the plaintiff to help her to turn this vogue into money."

"The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be "instinct with an obligation," imperfectly expressed. If that is so, there is a contract."

"Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had."

"Fulfillment may fall short of expectation. At least there has been gained a foothold from which occasion can be seized."

"Inaction without more is not tantamount to choice."

"The whole problem of the relation between parent and subsidiary corporations is one that is still enveloped in the mists of metaphor. Metaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it. We say at times that the corporate entity will be ignored when the parent corporation operates a business through a subsidiary which is characterized as an 'alias' or a 'dummy.'... Dominion may be so complete, interference so obtrusive, that by the general rules of agency the parent will be a principal and the subsidiary an agent."

"Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior."

"Fraud includes the pretense of knowledge when knowledge there is none."

"Expediency may tip the scales when arguments are nicely balanced."

"Prophecy, however honest, is generally a poor substitute for experience."

"Price security, we are told, is only a special form of sanitary security; the economic motive is secondary and subordinate; the state intervenes to make its inhabitants healthy, and not to make them rich. On that assumption we are asked to say that intervention will be upheld as a valid exercise by the state of its internal police power, though there is an incidental obstruction to commerce between one state and another. This would be to eat up the rule under the guise of an exception. Economic welfare is always related to health, for there can be no health if men are starving. Let such an exception be admitted, and all that a state will have to do in times of stress and strain is to say that its farmers and merchants and workmen must be protected against competition from without, lest they go upon the poor relief lists or perish altogether. To give entrance to that excuse would be to invite a speedy end of our national solidarity. The Constitution was framed under the dominion of a political philosophy less parochial in range. It was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division."

"Due process is a growth too sturdy to succumb to the infection of the least ingredient of error."

"Of that freedom [of thought and speech] one may say that it is the matrix, the indispensable condition, of nearly every other form of freedom."

"Justice is not to be taken by storm. She is to be wooed by slow advances. Substitute statute for decision, and you shift the center of authority, but add no quota of inspired wisdom."

"The repetition of a catchword can hold analysis in fetters for fifty years or more."

"With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or for warning, to the study of examples."

"As I search the archives of my memory I seem to discern six types or methods which divide themselves from one another with measurable distinctness. There is the type magisterial or imperative; the type laconic or sententious; the type conversational or homely; the type refined or artificial, smelling of the lamp, verging at times upon preciosity or euphuism; the demonstrative or persuasive; and finally the type tonsorial or agglutinative, so called from the shears and the pastepot which are its implements and emblem."

"Method is much, technique is much, but inspiration is even more."

"The judicial process is one of compromise, a compromise between paradoxes, between certainty and uncertainty, between the literalism that is the exaltation of the written word and the nihilism that is destructive of regularity and order."

"In truth, I am nothing but a plodding mediocrity — please observe, a plodding mediocrity — for a mere mediocrity does not go very far, but a plodding one gets quite a distance. There is joy in that success, and a distinction can come from courage, fidelity and industry."

"You will study the wisdom of the past, for in a wilderness of conflicting counsels, a trail has there been blazed. You will study the life of mankind, for this is the life you must order, and, to order with wisdom, must know. You will study the precepts of justice, for these are the truths that through you shall come to their hour of triumph. Here is the high emprise, the fine endeavor, the splendid possibility of achievement, to which I summon you and bid you welcome."

"There comes not seldom a crisis in the life of men, of nations, and of worlds, when the old forms seem ready to decay, and the old rules of action have lost their binding force. The evils of existing systems obscure the blessings that attend them; and, where reform is needed, the cry is raised for subversion."

"Again and again, the altruist has arisen in politics, has bidden us share with others the product of our toil, and has proclaimed the communistic dogma as the panacea for our social ills. So today, amid the buried hopes and buried projects of the past, the doctrine of communism still lives in the minds of men. Under stress of misfortune, or in dread of tyranny, it is still preached in modern times as Plato preached it in the world of the Greeks. Yet it is indeed doubtful whether, in the history of mankind, a doctrine was ever taught more impracticable or more false to the principles it professes than this very doctrine of communism. In a world where self-interest is avowedly the ruling motive, it seeks to establish at once an all-reaching and all-controlling altruism. In a world where every man is pushing and fighting to outstrip his fellows, it would make him toil with like vigor for their common welfare. In a world where a man's activity is measured by the nearness of reward, it would hold up a prospective recompense as an equal stimulant to labor. … In the future, when the remoteness of his reward shall have weakened the laborer's zeal, we shall be able to judge more fairly of the blessings that the communist offers."

"It is the refutation alike of communism and socialism that they thwart the instinct of expansion; that they substitute for individual energy the energy of the government; that they substitute for human personality the blind, mechanical power of the State. The one system, as the other, marks the end of individualism. The one system, as the other, would make each man the image of his neighbor. The one system, as the other, would hold back the progressive, and, by uniformity of reward, gain uniformity of type. I can look forward to no blissful prospect for a race of men that, under the dominion of the State, at the cost of all freedom of action, at the cost, indeed, of their own true selves, shall enjoy, if one will, a fair abundance of the material blessings of life. … Into that prison of socialism, with broken enterprise and broken energy, as serfs under the mastery of the State, while human personality is preferred to unreasoning mechanism, mankind must hesitate to step."

"There is in each of us a stream of tendency, whether you choose to call it philosophy or not, which gives coherence and direction to thought and action. Judges cannot escape that current any more than other mortals. All their lives, forces which they do not recognize and cannot name, have been tugging at them — inherited instincts, traditional beliefs, acquired convictions; and the resultant is an outlook on life, a conception of social needs. … In this mental background every problem finds it setting. We may try to see things as objectively as we please. None the less, we can never see them with any eyes except our own."

"The great generalities of the constitution have a content and a significance that vary from age to age."

"It is well enough to say that we shall be consistent, but consistent with what? . . . The origins of the rule? The course and tendency of development? With logic or philosophy? With the fundamental conceptions of jurisprudence? All these loyalties are possible. All have sometimes prevailed."

"My analysis of the judicial process comes then to this, and little more: logic, and history, and custom, and utility, and the accepted standards of right conduct, are the forces which singly or in combination shape the progress of the law. Which of these forces dominate depends largely upon the comparative importance or value of the social interests that will be thereby promoted or impaired. … The most fundamental social interest is that law shall be uniform and impartial. … Uniformity ceases to be a good when it becomes uniformity of oppression."

"If you ask how he is to know when one interest outweighs another, I can only answer that he must get his knowledge just as the legislator gets it, from experience and study and reflection; in brief, from life itself."

"I am ready to concede that the rule of adherence to precedent, though it ought not to be abandoned, ought to be in some degree relaxed. I think that when a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. … That court best serves the law which recognizes that the rules of law which grew up in a remote generation may, in the fullness of experience, be found to serve another generation badly, and which discards the old rule when it finds that another rule of law represents what should be according to the established and settled judgment of society."

"We like to picture to ourselves the field of law as accurately mapped and plotted. We draw our little lines, and they are hardly down before we blur them. As in time and space, so here. Divisions are working hypotheses, adopted for convenience. … So also the duty of a judge becomes itself a question of degree, and he is a useful judge or a poor one as he estimates the measure accurately or loosely. He must balance all his ingredients, his philosophy, his logic, his analogies, his history, his customs, his sense of right, and all the rest, and adding a little here and taking out a little there, must determine, as wisely as he can, which weight shall tip the scales."

"The judicial process, as was said at the outset of these lectures, is a process of search and comparison, and little else."

"I was much troubled in spirit, in my first years upon the bench, to find how trackless was the ocean on which I had embarked. I sought for certainty. I was oppressed and disheartened when I found that the quest for it was futile. I was trying to reach land, the solid land of fixed and settled rules, the paradise of a justice that would declare itself by tokens plainer and more commanding than its pale and glimmering reflections in my own vacillating mind and conscience."

"I have spoken of the forces of which judges avowedly avail to shape the form and content of their judgments. Even these forces are seldom fully in consciousness. They lie so near the surface, however, that their existence and influence are not likely to be disclaimed. But the subject is not exhausted with the recognition of their power. Deep below consciousness are other forces, the likes and the dislikes, the predilections and the prejudices, the complex of instincts and emotions and habits and convictions, which make the man, whether he be litigant or judge."

"The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by."

"I sometimes think that we worry ourselves overmuch about the enduring consequences of our errors. They may work a little confusion for a time. In the end, they will be modified or corrected or their teachings ignored. The future takes care of such things. In the endless process of testing and retesting, there is a constant rejection of the dross, and a constant retention of whatever is pure and sound and fine."

"In our worship of certainty we must distinguish between the sound certainty and the sham, between what is gold and what is tinsel; and then, when certainty is attained, we must remember that it is not the only good; that we can buy it at too high a price; that there is danger in perpetual quiescence as well as in perpetual motion; and that a compromise must be found in a principle of growth."

"Magic words and incantations are as fatal to our science as they are to any other. Methods, when classified and separated, acquire their true bearing and perspective as a means to an end, not as ends in themselves. We seek to find peace of mind in the word, the formula, the ritual. The hope is an illusion."

"I do not underrate the yearning for mechanical and formal tests. They are possible and useful in zones upon the legal sphere. The pain of choosing is the pain of marking off such zones from others. It is a pain we must endure, for uniformity of method will carry us upon the rocks. The curse of this fluidity, of an ever shifting approximation, is one the law must bear, or other curses yet more dreadful will be invited in exchange."

"Code is followed by commentary, and commentary by revision, and thus the task is never done."

"The reconciliation of the irreconcilable, the merger of antitheses, the synthesis of opposites, these are the great problems of the law... We have the claims of stability to be harmonized with those of progress. We are to reconcile liberty with equality, and both of them with order. The property rights of the individual we are to respect, yet we are not to press them to the point at which they threaten the welfare or the security of the many. We must preserve to justice its universal quality, and yet leave to it the capacity to be individual and particular."

"The state in commissioning its judges has commanded them to judge, but neither in constitution nor in statute has it formulated a code to define the manner of their judging. The pressure of society invests new forms of conduct in the minds of the multitude with the sanction of moral obligation, and the same pressure working upon the mind of the judge invests them finally through his action with the sanction of the law."

"Our course of advance ... is neither a straight line nor a curve. It is a series of dots and dashes. Progress comes per saltum, by successive compromises between extremes, compromises often … between "positivism and idealism". The notion that a jurist can dispense with any consideration as to what the law ought to be arises from the fiction that the law is a complete and closed system, and that judges and jurists are mere automata to record its will or phonographs to pronounce its provisions."

"It comes down to this. There are certain forms of conduct which at any given place and epoch are commonly accepted under the combined influence of reason, practice and tradition, as moral or immoral. … Law accepts as the pattern of its justice the morality of the community whose conduct it assumes to regulate. In saying this, we are not to blind ourselves to the truth that uncertainty is far from banished. Morality is not merely different in different communities. Its level is not the same for all the component groups within the same community. A choice must still be made between one group standard and another. We have still to face the problem, at which one of these levels does the social pressure become strong enough to convert the moral norm into a jural one? All that we can say is that the line will be higher than the lowest level of moral principle and practice, and lower than the highest. The law will not hold the crowd to the morality of saints and seers. It will follow, or strive to follow, the principle and practice of the men and women of the community whom the social mind would rank as intelligent and virtuous."

"A judge is to give effect in general not to his own scale of values, but to the scale of values revealed to him in his readings of the social mind. … Objective tests may fail him, or may be confused as to bewilder. He must then look within himself."

"Liberty in the most literal sense is the negation of law for law is restraint, and the absence of restraint is anarchy. On the other hand, anarchy by destroying restraint would leave liberty the exclusive possession of the strong or the unscrupulous."

"What has once been settled by a precedent will not be unsettled overnight, for certainty and uniformity are gains not lightly sacrificed. Above all is this true when honest men have shaped their conduct on the faith of the pronouncement."

"They do things better with logarithms."

"Bills of rights give assurance to the individual of the preservation of his liberty. They do not define the liberty they promise."

"The whole, though larger than any of its parts, does not necessarily obscure their separate identities."

"Religious experiences which are as real as life to some may be incomprehensible to others."

"We have here the problem of bigness. Its lesson should by now have been burned into our memory by Brandeis. The Curse of Bigness' shows how size can become a menace – both industrial and social. It can be an industrial menace because it creates gross inequalities against existing or putative competitors. It can be a social menace – because of its control of prices. Control of prices in the steel industry is powerful leverage on our economy. For the price of steel determines the price of hundreds of other articles. Our price level determines in large measure whether we have prosperity or depression – an economy of abundance or scarcity. Size in steel should therefore be jealously watched. In final analysis, size in steel is the measure of the power of a handful of men over our economy. That power can be utilized with lightning speed. It can be benign or it can be dangerous. The philosophy of the Sherman Act is that it should not exist. For all power tends to develop into a government in itself. Power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy. Industrial power should be decentralized. It should be scattered into many hands so that the fortunes of the people will not be dependent on the whim or caprice, the political prejudices, the emotional stability of a few self-appointed men. The fact that they are not vicious men but respectable and social minded is irrelevant. That is the philosophy and the command of the Sherman Act. It is founded on a theory of hostility to the concentration in private hands of power so great that only a government of the people should have it."

"The vitality of civil and political institutions in our society depends on free discussion. As Chief Justice Hughes wrote in De Jonge v. Oregon, 299 U.S. 353, 365, 260, it is only through free debate and free exchange of ideas that government remains responsive to the will of the people and peaceful change is effected. The right to speak freely and to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes. Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute, Chaplinsky v. New Hampshire, supra, 315 U.S. at pages 571-572, 62 S.Ct. at page 769, is nevertheless protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. See Bridges v. California, 314 U.S. 252, 262, 193, 159 A.L.R. 1346; Craig v. Harney, 331 U.S. 367, 373, 1253. There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.Terminiello, 337 U.S. at 4-5."

"Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other inventions."

"Our recent decisions make plain that we do not sit as a super-legislature to weigh the wisdom of legislation nor to decide whether the policy which it expresses offends the public welfare."

"We need to be bold and adventurous in our thinking in order to survive."

"We are a religious people whose institutions presuppose a Supreme Being."

"The right to be let alone is indeed the beginning of all freedom."

"The Congress, as well as the President, is trustee of the national welfare. The President can act more quickly than the Congress. The President with the armed services at his disposal can move with force as well as with speed. All executive power — from the reign of ancient kings to the rule of modern dictators — has the outward appearance of efficiency. Legislative power, by contrast, is slower to exercise. There must be delay while the ponderous machinery of committees, hearings, and debates is put into motion. That takes time; and while the Congress slowly moves into action, the emergency may take its toll in wages, consumer goods, war production, the standard of living of the people, and perhaps even lives. Legislative action may indeed often be cumbersome, time-consuming, and apparently inefficient. But as [[Louis Brandeis|Mr. Justice Brandeis] stated in his dissent in Myers v. United States, 272 U. S. 52, 293:"

"When a legislature undertakes to proscribe the exercise of a citizen's constitutional right to free speech, it acts lawlessly; and the citizen can take matters in his own hands and proceed on the basis that such a law is no law at all."

"No matter what the legislature may say, a man has the right to make his speech, print his handbill, compose his newspaper, and deliver his sermon without asking anyone's permission. The contrary suggestion is abhorrent to our traditions."

"The critical point is that the Constitution places the right of silence beyond the reach of government."

"Free speech is not to be regulated like diseased cattle and impure butter. The audience … that hissed yesterday may applaud today, even for the same performance."

"That seems to us to be the common sense of the matter; and common sense often makes good law."

"Literature should not be suppressed merely because it offends the moral code of the censor."

"Any test that turns on what is offensive to the community's standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment. Under that test, juries can censor, suppress, and punish what they don’t like, provided the matter relates to "sexual impurity" or has a tendency "to excite lustful thoughts". This is community censorship in one of its worst forms. It creates a regime where in the battle between the literati and the Philistines, the Philistines are certain to win."

"The Constitution favors no racial group, no political or social group."

"The conception of political equality from the Declaration of Independence, to Lincoln's Gettysburg Address, to the Fifteenth, Seventeenth, and Nineteenth Amendments could mean only one thing — one person, one vote."

"We deal with a right of privacy older than the Bill of Rights -- older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."

"We are rapidly entering the age of no privacy, where everyone is open to surveillance at all times; where there are no secrets from government."

"These examples and many others demonstrate an alarming trend whereby the privacy and dignity of our citizens is being whittled away by sometimes imperceptible steps. Taken individually, each step may be of little consequence. But when viewed as a whole, there begins to emerge a society quite unlike any we have seen -- a society in which government may intrude into the secret regions of man's life at will."

"The critical question of "standing" would be simplified and also put neatly in focus if we fashioned a federal rule that allowed environmental issues to be litigated before federal agencies or federal courts in the name of the inanimate object about to be despoiled, defaced, or invaded by roads and bulldozers and where injury is the subject of public outrage. Contemporary public concern for protecting nature's ecological equilibrium should lead to the conferral of standing upon environmental objects to sue for their own preservation. This suit would therefore be more properly labeled as Mineral King v. Morton."

"Inanimate objects are sometimes parties in litigation. A ship has a legal personality, a fiction found useful for maritime purposes. The corporation sole – a creature of ecclesiastical law – is an acceptable adversary and large fortunes ride on its cases....So it should be as respects valleys, alpine meadows, rivers, lakes, estuaries, beaches, ridges, groves of trees, swampland, or even air that feels the destructive pressures of modern technology and modern life. The river, for example, is the living symbol of all the life it sustains or nourishes – fish, aquatic insects, water ouzels, otter, fisher, deer, elk, bear, and all other animals, including man, who are dependent on it or who enjoy it for its sight, its sound, or its life. The river as plaintiff speaks for the ecological unit of life that is part of it.""

"He was, however, speaking to a representative of government, the police. And it is to government that one goes 'for a redress of grievances,' to use an almost forgotten phrase of the First Amendment. But it is said that the purpose was 'to cause inconvenience and annoyance.' Since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us? The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents. We who have the final word can speak softly or angrily. We can seek to challenge and annoy, as we need not stay docile and quiet."

"This case involves a cancer in our body politic. It is a measure of the disease which afflicts us. Army surveillance, like Army regimentation, is at war with the principles of the First Amendment. Those who already walk submissively will say there is no cause for alarm. But submissiveness is not our heritage. The First Amendment was designed to allow rebellion to remain as our heritage. The Constitution was designed to keep government off the backs of the people. The Bill of Rights was added to keep the precincts of belief and expression, of the press, of political and social activities free from surveillance. The Bill of Rights was designed to keep agents of government and official eavesdroppers away from assemblies of people. The aim was to allow men to be free and independent and to assert their rights against government. There can be no influence more paralyzing of that objective than Army surveillance. When an intelligence officer looks over every nonconformist's shoulder in the library, or walks invisibly by his side in a picket line, or infiltrates his club, the America once extolled as the voice of liberty heard around the world no longer is cast in the image which Jefferson and Madison designed, but more in the Russian image."

"When man was first in the jungle, he took care of himself. When he entered a societal group, controls were necessarily imposed. But our society -- unlike most in the world -- presupposes that freedom and liberty are in a frame of reference that makes the individual, not government, the keeper of his tastes, beliefs, and ideas. That is the philosophy of the First Amendment; and it is the article of faith that sets us apart from most nations in the world."

"For there is no constitutional right for any race to be preferred... If discrimination based on race is constitutionally permissible when those who hold the reins can come up with "compelling" reasons to justify it, then constitutional guarantees acquire an accordion-like quality."

"The purpose of the University of Washington cannot be to produce black lawyers for blacks, Polish lawyers for Poles, Jewish lawyers for Jews, Irish lawyers for Irish. It should be to produce good lawyers for Americans and not to place First Amendment barriers against anyone."

"The rules when the giants play are the same as when the pygmies enter the market."

"One aspect of modern life which has gone far to stifle men is the rapid growth of tremendous corporations. Enormous spiritual sacrifices are made in the transformation of shopkeepers into employees... The disappearance of free enterprise has led to a submergence of the individual in the impersonal corporation in much the same manner as he has been submerged in the state in other lands."

"The law is not a series of calculating machines where answers come tumbling out when the right levers are pushed."

"Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us."

"It is our attitude toward free thought and free expression that will determine our fate. There must be no limit on the range of temperate discussion, no limits on thought. No subject must be taboo. No censor must preside at our assemblies. We need all the ingenuity we possess to avert the holocaust."

"These days I see America identified more and more with material things, less and less with spiritual standards. These days I see America acting abroad as an arrogant, selfish, greedy nation interested only in guns and dollars, not in people and their hopes and aspirations. We need a faith that dedicates us to something bigger and more important than ourselves or our possessions. Only if we have that faith will we be able to guide the destiny of nations in this the most critical period of world history."

"Once the government can demand of a publisher the names of the purchasers of his publication, the free press as we know it disappears. Then the spectre of a government agent will look over the shoulder of everyone who reads. ... Fear of criticism goes with every person into the bookstall. The subtle, imponderable pressures of the orthodox lay hold. Some will fear to read what is unpopular, what the powers-that-be dislike. ... fear will take the place of freedom in the libraries, book stores, and homes in the land.""

"The right to revolt has sources deep in our history."

"The Fifth Amendment is an old friend and a good friend, one of the great landmarks in men's struggle to be free of tyranny, to be decent and civilized."

"Those in power need checks and restraints lest they come to identify the common good for their own tastes and desires, and their continuation in office as essential to the preservation of the nation."

"The right to dissent is the only thing that makes life tolerable for a judge of an appellate court... the affairs of government could not be conducted by democratic standards without it."

"The liberties of none are safe unless the liberties of all are protected."

"The way to combat noxious ideas is with other ideas. The way to combat falsehoods is with truth."

"Christianity has sufficient inner strength to survive and flourish on its own. It does not need state subsidies, nor state privileges, nor state prestige. The more it obtains state support the greater it curtails human freedom."

"I've often thought that if our zoning boards could be put in charge of botanists, of zoologists and geologists, and people who know about the earth, we would have much more wisdom in such planning than we have when we leave it to the engineers."

"The first opinion the Court ever filed has a dissenting opinion. Dissent is a tradition of this Court... When someone is writing for the Court, he hopes to get eight others to agree with him, so many of the majority opinions are rather stultified."

"The Court's great power is its ability to educate, to provide moral leadership."

"The struggle is always between the individual and his sacred right to express himself and the power structure that seeks conformity, suppression, and obedience."

"It seemed to me that I had barely reached the Court when people were trying to get me off."

"The Constitution is not neutral. It was designed to take the government off the backs of people."

"Tell the FBI that the kidnappers should pick out a judge that Nixon wants back."

"One who comes to the Court must come to adore, not to protest. That's the new gloss on the First Amendment, Potter."

"As nightfall does not come all at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air — however slight — lest we become unwitting victims of the darkness."

"The continuing episodes of protest and dissent in the United States have their basis in the First Amendment to the Constitution, a great safety valve that is lacking in most other nations of the world. The First Amendment creates a sanctuary around the citizen’s beliefs. His ideas, his conscience, his convictions are his own concern, not the government’s."

"At the international level we have become virtually paranoid. The world is filled with dangerous people. Every troublemaker across the globe is a communist. Our obsession is in part the product of a fear generated by Joseph McCarthy. Indeed a black silence of fear possesses the nation and is causing us to jettison some of our libertarian traditions."

"But the fact that communists may have provoked some of the present dissent in the United States is not, as some would have it, the end of the matter. The voices are not communist, for those in rebellion see communism as an even more vicious form of a status quo. The merits must be voted up or voted down."

"The First Amendment was designed so as to permit a flowering of man and his idiosyncracies, but we have greatly diluted it. Although the Amendment says that Congress shall make ‘no law’ abridging freedom of speech and press, this has been construed to mean that Congress may make ‘some laws’ that abridge that freedom."

"A person may be convicted for making a speech or for pamphleteering if a judge rules ex post facto that the speaker or publisher created a ‘clear and present danger’ that his forbidden or revolutionary thesis would be accepted by a least some of the audience."

"But the case against the university is that it is chiefly a handmaiden of the state or of industry or, worse yet, of the military-industrial complex."

"When the university does not sit apart, critical of industry, the Pentagon, and government, there is no fermentative force at work in our society. The university becomes a collection of technicians in a service station, trying to turn out better technocrats for the technological society. Then all voices become a chorus supporting the status quo; there is no challenger from the opposition warning of dangers to come."

"A man's belief is his own; he is the keeper of his conscience; Big Brother has no rightful concern in these areas."

"Ideological data—like personality data—is treacherous when fed into a computer. For by its use the loyalty and security board’s failure or refusal to clear a person becomes a virtually incontestable ‘fact.’ All one has to do now is to press the ‘subversive’ button and all the names of ‘dangerous’ people come tumbling out."

"Big Brother in the form of an increasingly powerful government and in an increasingly powerful private sector will pile the records high with reasons why privacy should give way to national security, to law and order, to efficiency of operations, to scientific advancement, and the like. The cause of privacy will be won or lost essentially in legislative halls and in constitutional assemblies. If it is won, this pluralistic society of ours will experience a spiritual renewal. If it is lost we will have written our own prescription for mediocrity and conformity."

"Electronic surveillance, as well as old-fashioned wire tapping, has brought Big Brother closer to everyone and has produced a like leveling effect… But the Administration soon broadened that category to include domestic groups who attempt to use unlawful means to ‘attack the existing structure of government.’ The Wall Street Journal sounded the alarm that such board surveillance ‘could lead to the harassment of lawful dissenters.’"

"There is more knowledge and information than ever before: the experts have so multiplied that man has a new sense of importance; man is indeed about to be delivered over to them. Man is about to be an automaton; he is identifiable only in the computer. As a person of worth and creativity, as a being with an infinite potential, he retreats and battles the forces that make him inhuman."

"The dissent we witness is a reaffirmation of faith in man; it is protest against living under rules and prejudices and attitudes that produce the extremes of wealth and poverty and that make us dedicated to the destruction of people through arms, bombs, and gases, and that prepare us to think alike and be submissive objects for the regime of the computer."

"Yet more and more of the youth of America are instinctively horrified at the way President Johnson avoided all constitutional procedures and slyly maneuvered us into an Asian war. There was no national debate over a declaration of war. The lies and half-truths that were told, and the phony excuses gradually advanced, made most Americans dubious of the integrity of our leadership."

"If the war that comes is a nuclear conflict, the end of planetary life is probable. If it is a war with conventional weapons, bankruptcy is inevitable. Modern technological war is much too expensive to fight. Vietnam has bled our country at the rate of 2.5 billion dollars a month."

"We are witnessing, I think, a new American phenomenon. The two parties have become almost indistinguishable; and each is controlled by the Establishment."

"There always have been—and always will be—aggrieved persons. The lower their estate the more difficult it is to find a right to fit the wrong being done. Part of our problem starts at that point. In New York City a housing complaint must go to one of the nineteen bureaus that deal with those problems. It takes a sharp and energetic layman or lawyer to find the proper desk in the bureaucracy where the complaint must be lodged."

"Our militarism threatens to become more and more the dominant force in our lives. This is an inflammatory issue; and dissent on it will not be stilled."

"I believe it was Charles Adams who described our upside down welfare state as ‘socialism for the rich, free enterprise for the poor.’ The great welfare scandal of the age concerns the dole we give rich people."

"The federal food program is not responsive to that growing need. It is designed by the agro-business lobby to restrict production, keep prices high, and assure profits to the producers. That lobby controls the Department of Agriculture, which as a result has made feeding the poor a subordinate and secondary function."

"We must realize that today's Establishment is the New George III. Whether it will continue to adhere to his tactics, we do not know. If it does, the redress, honored in tradition, is also revolution."

"[One of the] two completely evil men I have ever met."

"Life is not a thing of knowing only — nay, mere knowledge has properly no place at all save as it becomes the handmaiden of feeling and emotion."

"We like rather to dream of a body of young men as a live thing, as a tree where all the branches are nourished by a single sap, and where each part is meaningless and incomplete except in connection with its fellows. You may lop away the dead branches, you may bend the trunk, you may dig about it and water it; but leave it to assume its own form, do not constrain the peculiar roots, or you will have a crippled, gnarled monster, and no tree."

"The mid-day sun is too much for most eyes; one is dazzled even with its reflection. Be careful that too broad and high an aim does not paralyze your effort and clog your springs of action."

"It is of course true that any kind of judicial legislation is objectionable on the score of the limited interests which a Court can represent, yet there are wrongs which in fact legislatures cannot be brought to take an interest in, at least not until the Courts have acted."

"Yet the whole structure of the common law is an obvious denial of this theory; it stands as a monument slowly raised, like a coral reef, from the minute accretions of past individuals, of whom each built upon the relics which his predecessors left, and in his turn left a foundation upon which his successors might work."

"The law, being an inherited accumulation, imposes itself on each generation willy-nilly. Any society whose members enter and leave it severally must for very convenience, to say nothing of deeper reasons, proceed by tradition; the neophyte must adopt existing habits and ways of acting, if for no better reason, through inexperience and diffidence. Mere custom will do the rest as he proceeds. And so the rule is canonized, its origins, and therefore its meaning, are ignored. But genuine learning is quite different."

"With the courage which only comes of justified self-confidence, he dared to rest his case upon its strongest point, and so avoided that appearance of weakness and uncertainty which comes of a clutter of arguments. Few lawyers are willing to do this; it is the mark of the most distinguished talent."

"Like John Stuart Mill, he would often begin by stating the other side better than its advocate had stated it himself."

"Life is made up of a series of judgments on insufficient data, and if we waited to run down all our doubts, it would flow past us."

"You may ask what then will become of the fundamental principles of equity and fair play which our constitutions enshrine; and whether I seriously believe that unsupported they will serve merely as counsels of moderation. I do not think that anyone can say what will be left of those principles; I do not know whether they will serve only as counsels; but this much I think I do know — that a society so riven that the spirit of moderation is gone, no court can save; that a society where that spirit flourishes, no court need save; that in a society which evades its responsibility by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish. What is the spirit of moderation? It is the temper which does not press a partisan advantage to its bitter end, which can understand and will respect the other side, which feels a unity between all citizens—real and not the factitious product of propaganda—which recognizes their common fate and their common aspirations—in a word, which has faith in the sacredness of the individual."

"The day has clearly gone forever of societies small enough for their members to have personal acquaintance with one another, and to find their station through the appraisal of those who have first hand knowledge of them. Publicity is an evil substitute and the art of publicity is a black art; but it has come to stay, every year adds to its potency and to the finality of its judgments. The hand that rules the press, the radio, the screen and the far-spread magazine, rules the country whether we like it or not, we must learn to accept it."

"What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow. What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest."

"Right knows no boundaries and justice no frontiers; the brotherhood of man is not a domestic institution."

"We may not stop until we have done our part to fashion a world in which there shall be some share of fellowship; which shall be better than a den of thieves. Let us not disguise the difficulties; and, above all, let us not content ourselves with nobel aspirations, counsels of perfection, and self-righteous advice to others. We shall need the wisdom of the serpent; we shall have to be content with short steps; we shall be obliged to give and take; we shall face the strongest passions of mankind — our own not the least; and in the end we shall have fabricated an imperfect instrument. But we shall not wholly have failed; we shall have gone forward, if we bring to our task a pure and chastened spirit, patience, understanding, sympathy, forbearance, generosity, fortitude, and, above all, an inflexible determination. The history of man has just begun; in the aeons which lie before him lie limitless hope or limitless despair. The choice is his; the present choice is ours. It is worth the trial."

"Justice, I think, is the tolerable accomodation of the conflicting interests of society, and I don't believe there is any royal road to attain such accomodations concretely."

"I beseech ye in the bowels of Christ, think that ye may be mistaken." I should like to have that written over the portals of every church, every school, and every courthouse, and, may I say, of every legislative body in the United States. I should like to have every court begin, "I beseech ye in the bowels of Christ, think that we may be mistaken."

"If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice."

"Life is made up of constant calls to action, and we seldom have time for more than hastily contrived answers."

"A wise man once said, "Convention is like the shell to the chick, a protection till he is strong enough to break it through.""

"Our dangers, as it seems to me, are not from the outrageous but from the conforming; not from those who rarely and under the lurid glare of obloquy upset our moral complaisance, or shock us with unaccustomed conduct, but from those, the mass of us, who take their virtues and their tastes, like their shirts and their furniture, from the limited patterns which the market offers."

"We believe, and I think properly, that when the men who met in 1787 to make our Constitution they made the best political document ever made; but, remember, they did so very largely because they were great compromisers."

"No doubt one may quote history to support any cause, as the devil quotes scripture; but modern history is not a very satisfactory side-arm in political polemics; it grows less and less so."

"The condition of our survival in any but the meagerest existence is our willingness to accommodate ourselves to the conflicting interests of others, to learn to live in a social world."

"I shall ask no more than that you agree with Dean Inge that even though counting heads is not an ideal way to govern, at least it is better than breaking them."

"When I hear so much impatient and irritable complaint, so much readiness to replace what we have by guardians for us all, those supermen, evoked somewhere from the clouds, whom none have seen and none are ready to name, I lapse into a dream, as it were. I see children playing on the grass; their voices are shrill and discordant as children's are; they are restive and quarrelsome; they cannot agree to any common plan; their play annoys them; it goes poorly. And one says, let us make Jack the master; Jack knows all about it; Jack will tell us what each is to do and we shall all agree. But Jack is like all the rest; Helen is discontented with her part and Henry with his, and soon they fall again into their old state. No, the children must learn to play by themselves; there is no Jack the master. And in the end slowly and with infinite disappointment they do learn a little; they learn to forbear, to reckon with another, accept a little where they wanted much, to live and let live, to yield when they must yield; perhaps, we may hope, not to take all they can. But the condition is that they shall be willing at least to listen to one another, to get the habit of pooling their wishes. Somehow or other they must do this, if the play is to go on; maybe it will not, but there is no Jack, in or out of the box, who can come to straighten the game."

"Heretics have been hated from the beginning of recorded time; they have been ostracized, exiled, tortured, maimed, and butchered; but it has generally proved impossible to smother them; and when it has not, the society that has succeeded has always declined."

"It is still in the lap of the gods whether a society can succeed which is based on "civil liberties and human rights" conceived as I have tried to describe them; but of one thing at least we may be sure: the alternatives that have so far appeared have been immeasurably worse."

"We may win when we lose, if we have done what we can; for by so doing we have made real at least some part of that finished product in whose fabrication we are most concerned: ourselves."

"A self-made man may prefer a self-made name."

"It is often hard to secure unanimity about the borders of legislative power, but that is much easier than to decide how far a particular adjustment diverges from what the judges deem tolerable. On such issues experience has over and over again shown the difficulty of securing unanimity. This is disastrous because disunity cancels the impact of monolithic solidarity on which the authority of a bench of judges so largely depends."

"For myself it would be most irksome to be ruled by a bevy of Platonic Guardians, even if I knew how to choose them, which I assuredly do not."

"In the end it is worse to suppress dissent than to run the risk of heresy."

"The judge's authority depends upon the assumption that he speaks with the mouth of others. That is to say, the momentum of his utterances must be greater than any which his personal reputation and character can command, if it is to do the work assigned to it — if it is to stand against the passionate resentments arising out of the interests he must frustrate — for while a judge must discover some composition with the dominant trends of his times, he must preserve his authority by cloaking himself in the majesty of an overshadowing past."

"Most of my issues that mankind sets out to settle, it never does settle… The dispute fades into the past unsolved, though perhaps it may be renewed as history and fought over again. It disappears because it is replaced by some compromise that, although not wholly acceptable to either side, offers a tolerable substitute for victory…"

"The public needs the equivalent of Chevrolets as well as Cadillacs."

"This is the most miserable of cases, but we must dispose of it as though it had been presented by actual lawyers."

"I had rather take my chance that some traitors will escape detection than spread abroad a spirit of general suspicion and distrust, which accepts rumor and gossip in place of undismayed and unintimidated inquiry."

"That community is already in the process of dissolution where each man begins to eye his neighbor as a possible enemy, where nonconformity with the accepted creed, political as well as religious, is a mark of disaffection; where denunciation, without specification or backing, takes the place of evidence; where orthodoxy chokes freedom of dissent; where faith in the eventual supremacy of reason has become so timid that we dare not enter our convictions in the open lists, to win or lose."

"The mutual confidence on which all else depends can be maintained only by an open mind and a brave reliance upon free discussion."

"How long shall we blunder along without the aid of unpartisan and authoritative scientific assistance in the administration of justice, no one knows; but all fair persons not conventionalized by provincial legal habits of mind ought, I should think, unite to effect some change."

"Political agitation, by the passions it arouses or the convictions it engenders, may in fact stimulate men to the violation of the law. Detestation of existing policies is easily transformed into forcible resistance of the authority which puts them in execution, and it would be folly to disregard the causal relation between the two. Yet to assimilate agitation, legitimate as such, with direct incitement to violent resistance, is to disregard the tolerance of all methods of political agitation which in normal times is a safeguard of free government."

"[W]hat seems fair enough against a squalid huckster of bad liquor may take on a different face, if used by a government determined to suppress political opposition under the guise of sedition."

"It is of course essential to any protection of literary property, whether at common-law or under the statute, that the right cannot be limited literally to the text, else a plagiarist would escape by immaterial variations. That has never been the law, but, as soon as literal appropriation ceases to be the test, the whole matter is necessarily at large, so that, as was recently well said by a distinguished judge, the decisions cannot help much in a new case."

"Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes."

"What to an outsider will be no more than the vigorous presentation of a conviction, to an employee may be the manifestation of a determination which it is not safe to thwart."

"There is no surer way to misread any document than to read it literally. [...] As nearly as we can, we must put ourselves in the place of those who uttered the words, and try to divine how they would have dealt with the unforeseen situation; and, although their words are by far the most decisive evidence of what they would have done, they are by no means final."

"If the prosecution of crime is to be conducted with so little regard for that protection which centuries of English law have given to the individual, we are indeed at the dawn of a new era; and much that we have deemed vital to our liberties, is a delusion."

"Over and over again courts have said that there is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant."

"The Amendment nullifies sophisticated as well as simple-minded modes of discrimination."

"In this Court dissents have gradually become majority opinions."

"The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it."

"To be effective, judicial administration must not be leaden-footed."

"It would be a narrow conception of jurisprudence to confine the notion of 'laws' to what is found written on the statute books, and to disregard the gloss which life has written upon it."

"National unity is the basis of national security. To deny the legislature the right to select appropriate means for its attainment presents a totally different order of problem from that of the propriety of subordinating the possible ugliness of littered streets to the free expression opinion through handbills."

"It must never be forgotten, however, that the Bill of Rights was the child of the Enlightenment. Back of the guarantee of free speech lay faith in the power of an appeal to reason by all the peaceful means for gaining access to the mind. It was in order to avert force and explosions due to restrictions upon rational modes of communication that the guarantee of free speech was given a generous scope. But utterance in a context of violence can lose its significance as an appeal to reason and become part of an instrument of force. Such utterance was not meant to be sheltered by the Constitution."

"Of compelling consideration is the fact that words acquire scope and function from the history of events which they summarize."

"Litigation is the pursuit of practical ends, not a game of chess."

"The line must follow some direction of policy, whether rooted in logic or experience. Lines should not be drawn simply for the sake of drawing lines."

"No court can make time stand still."

"A phrase begins life as a literary expression; its felicity leads to its lazy repetition; and repetition soon establishes it as a legal formula, undiscriminatingly used to express different and sometimes contradictory ideas."

"The history of liberty has largely been the history of the observance of procedural safeguards. And the effective administration of criminal justice hardly requires disregard of fair procedures imposed by law."

"One who belongs to the most vilified and persecuted minority in history is not likely to be insensible to the freedoms guaranteed by our Constitution... But as judges we are neither Jew nor Gentile, neither Catholic nor agnostic."

"Is that which was deemed to be of so fundamental a nature as to be written into the Constitution to endure for all times to be the sport of shifting winds of doctrine?"

"After all, advocates, including advocates for States, are like managers of pugilistic and election contestants, in that they have a propensity for claiming everything."

"In any event, mere speed is not a test of justice. Deliberate speed is. Deliberate speed takes time. But it is time well spent."

"A free press is vital to a democratic society because its freedom gives it power. Power in a democracy implies responsibility in its exercise. No institution in a democracy, either governmental or private, can have absolute power. Nor can the limits of power which enforce responsibility be finally determined by the limited power itself. See Carl L. Becker, Freedom and Responsibility in the American Way of Life (1945). In plain English, freedom carries with it responsibility even for the press; freedom of the press is not a freedom from responsibility for its exercise. Most State constitutions expressly provide for liability for abuse of the press' freedom. That there was such legal liability was so taken for granted by the framers of the First Amendment that it was not spelled out. Responsibility for its abuse was imbedded in the law. The First Amendment safeguarded the right. [...] The press does have the right, which is its professional function, to criticize and to advocate. The whole gamut of public affairs is the domain for fearless and critical comment, and not least the administration of justice. But the public function which belongs to the press makes it an obligation of honor to exercise this function only with the fullest sense of responsibility. Without such a lively sense of responsibility, a free press may readily become a powerful instrument of injustice."

"The course of decision in this Court has thus far jealously enforced the principle of a free society secured by the prohibition of unreasonable searches and seizures. Its safeguards are not to be worn away by a process of devitalizing interpretation."

"It is not only under Nazi rule that police excesses are inimical to freedom. It is easy to make light of insistence on scrupulous regard for the safeguards of civil liberties when invoked on behalf of the unworthy. It is too easy. History bears testimony that by such disregard are the rights of liberty extinguished, heedlessly at first, then stealthily, and brazenly in the end."

"If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. Legal process is an essential part of the democratic process."

"In law also the emphasis makes the song."

"The Procrustean bed is not a symbol of equality. It is no less inequality to have equality among unequals."

"It has not been unknown that judges persist in error to avoid giving the appearance of weakness and vacillation."

"Decisions of this Court do not have equal intrinsic authority."

"If one starts with the assumption that, in the absence of specific Congressional authority, a fixed rule of law precludes contracting officers from providing in a Government contract terms reasonably calculated to assure its performance even though there be no money loss through a particular default, there is no problem. But answers are not obtained by putting the wrong question and thereby begging the real one."

"If nowhere else, in the relation between Church and State, "good fences make good neighbors.""

"After all, this is the Nation's ultimate judicial tribunal, nor a super-legal-aid bureau."

"The indispensable judicial requisite is intellectual humility."

"A court which yields to the popular will thereby licenses itself to practice despotism, for there can be no assurance that it will not on another occasion indulge its own will."

"Wisdom too often never comes, and so one ought not to reject it merely because it comes late."

"Ambiguity lurks in generality and may thus become an instrument of severity."

"There is torture of mind as well as body; the will is as much affected by fear as by force. And there comes a point where this Court should not be ignorant as judges of what we know as men."

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people."

"It is a wise man who said that there is no greater inequality than the equal treatment of unequals."

"The mark of a truly civilized man is confidence in the strength and security derived from the inquiring mind."

"[It is anomalous] to hold that in order to convict a man the police cannot extract by force what is in his mind, but can extract what is in his stomach."

"The process of education has naturally enough been the basis of hope for the perdurance of our democracy on the part of all our great leaders, from Thomas Jefferson onwards. To regard teachers—in our entire educational system, from the primary grades to the university—as the priests of our democracy is therefore not to indulge in hyperbole. It is the special task of teachers to foster those habits of open-mindedness and critical inquiry which alone make for responsible citizens, who, in turn, make possible an enlightened and effective public opinion. Teachers must fulfill their function by precept and practice, by the very atmosphere which they generate; they must be exemplars of open-mindedness and free inquiry. They cannot carry out their noble task if the conditions for the practice of a responsible and critical mind are denied to them."

"The most constructive way of resolving conflicts is to avoid them."

"A license cannot be revoked because a man is redheaded or because he was divorced, except for a calling, if such there be, for which redheadedness or an unbroken marriage may have some rational bearing. If a State licensing agency lays bare its arbitrary action, or if the State law explicitly allows it to act arbitrarily, that is precisely the kind of State action which the Due Process Clause forbids."

"Without a free press there can be no free society. That is axiomatic. However, freedom of the press is not an end in itself but a means to the end of a free society. The scope and nature of the constitutional guarantee of the freedom of the press are to be viewed and applied in that light."

"While it is not always profitable to analogize "fact" to "fiction," La Fontaine's fable of the crow, the cheese, and the fox demonstrates that there is a substantial difference between holding a piece of cheese in the beak and putting it in the stomach."

"Lincoln's appeal to "the better angels of our nature" failed to avert a fratricidal war. But the compassionate wisdom of Lincoln's first and second inaugurals bequeathed to the Union, cemented with blood, a moral heritage which, when drawn upon in times of stress and strife, is sure to find specific ways and means to surmount difficulties that may appear to be insurmountable."

"Time and experience have forcefully taught that the power to inspect dwelling places, either as a matter of systematic area-by-area search or, as here, to treat a specific problem, is of indispensable importance in the maintenance of community health; a power that would be greatly hobbled by the blanket requirement of the safeguards necessary for a search of evidence of criminal acts."

"Congress is, after all, not a body of laymen unfamiliar with the commonplaces of our law. This legislation was the formulation of the two Judiciary Committees, all of whom are lawyers, and the Congress is predominately a lawyers' body."

"Convictions following the admission into evidence of confessions which are involuntary, i.e., the product of coercion, either physical or psychological, cannot stand. This is so not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial and not an inquisitorial system — a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charges against an accused out of his own mouth."

"In a democratic society like ours, relief must come through an aroused popular conscience that sears the conscience of the people's representatives."

"Appeal must be to an informed, civically militant electorate."

"The eternal struggle in the law between constancy and change is largely a struggle between history and reason, between past reason and present needs."

"In the first place, lawyers better remember they are human beings, and a human being who hasn't his periods of doubts and distresses and disappointments must be a cabbage, not a human being. That is number one."

"Gratitude is one of the least articulate of the emotions, especially when it is deep. I can express with very limited adequacy the passionate devotion to this land that possesses millions of our people, born, like myself, under other skies, for the privilege that that this county has bestowed in allowing them to partake of its fellowship."

"No judge writes on a wholly clean slate."

"It is true of opinions as of other compositions that those who are seeped in them, whose ears are sensitive to literary nuances, whose antennae record subtle silences, can gather from their contents meaning beyond the words. All this presupposes, of course, a grasp of the nature of the Supreme Court's functions — the scope and limits of its constitutional authority — and often, as well, familiarity with the record and briefs of a particular case whose opinion record and briefs of a particular case whose opinion is under scrutiny."

"The words of the Constitution … are so unrestricted by their intrinsic meaning or by their history or by tradition or by prior decisions that they leave the individual Justice free, if indeed they do not compel him, to gather meaning not from reading the Constitution but from reading life."

"What becomes decisive to a Justice's functioning on the Court in the large area within which his individuality moves is his general attitude toward law, the habits of the mind that he has formed or is capable of unforming, his capacity for detachment, his temperament or training for putting his passion behind his judgment instead of in front of it. The attitudes and qualities which I am groping to characterize are ingredients of what compendiously might be called dominating humility."

"One is entitled to say without qualification that the correlation between prior judicial experience and fitness for the Supreme Court is zero."

"The mode by which the inevitable is reached is effort."

"I came into the world a Jew, and although I did not live my life entirely as a Jew, I think it is fitting that I should leave as a Jew. I don’t want to … turn my back on a great and noble heritage."

"All our work, our whole life is a matter of semantics, because words are the tools with which we work, the material out of which laws are made, out of which the Constitution was written. Everything depends on our understanding of them."

"As a member of this court I am not justified in writing my private notions of policy into the Constitution, no matter how deeply I may cherish them or how mischievous I may deem their disregard."

"For the highest exercise of judicial duty is to subordinate one's personal pulls and one's private views to the law of which we are all guaradians - those impersonal convictions that made a society a civilized community, and not the victims of personal rule."

"Judicial judgment must take deep account...of the day before yesterday in order that yesterday may not paralyze today."

"I know of no title that I deem more honorable than that of Professor of the Harvard Law School."

"Morals are three-quarters manners."

"Holmes said Emerson had a beautiful voice, and, of course, Holmes had one of the most beautiful voices the Lord ever put into a throat."

"Emerson said to him, "Young man, have you read Plato?" Holmes said he hadn't. "You must. You must read Plato. But you must hold him at arm's length and say, 'Plato, you have delighted and edified mankind for two thousand years. What have you to say to me?'" Holmes said, "That's the lesson of independence." So off he went and read Plato for a few moths or a year, and then wrote a piece doing in Mr. Plato in one of those ephemeral literary things at Harvard. He laid this, as it were, at the feet of Mr. Emerson and awaited the next morning's mail, hoping to get a warm appreciation from Emerson. And the next day and the next and the next — no sign of life. No acknowledgment from Mr. Emerson. Holmes didn't see him again for about a year. When he saw him, this, that, and the other thing was again talked about. Emerson said, "Oh, by the way, I read your piece on Plato. Holmes, when you strike at a king, you must kill him." Holmes said, "That was the second great lesson — humility.""

"I do take law very seriously, deeply seriously, because fragile as reason is and limited as law is as the institutionalized medium of reason, that's all we have standing between us and the tyranny of mere will and the cruelty of unbridled, undisciplined feeling."

"For, what is slavery? It is the complete and absolute subjection of one person to the control and disposal of another person, by legalized force. We need not argue that no person can be, rightfully, compelled to submit to such control and disposal. All such subjection must originate in force; and, private force not being strong enough to accomplish the purpose, public force, in the form of law, must lend its aid. The Government comes to the help of the individual slaveholder, and punishes resistance to his will, and compels submission. THE GOVERNMENT, therefore, in the case of every individual slave, is THE REAL ENSLAVER, depriving each person enslaved of all liberty and all property, and all that makes life dear, without imputation of crime or any legal process whatsoever. This is precisely what the Government of the United States is forbidden to do by the Constitution. The Government of the United States, therefore, cannot create or continue the relation of master and slave. Nor can that relation be created or continued in any place, district, or territory, over which the jurisdiction of the National Government is exclusive; for slavery cannot subsist a moment after the support of the public force has been withdrawn."

"True democracy makes no enquiry about the color of skin, or the place of nativity, whereever it sees man, it recognizes a being endowed by his Creator with original inalienable rights."

"No more slave States; no slave Territories."

"All that they seem to say is 'nigger, nigger, nigger'."

"The way to resumption is to resume."

"Congress was right in not limiting, by its reconstruction acts, the right of suffrage to whites; but wrong in the exclusion from suffrage of certain classes of citizens and all unable to take its prescribed retrospective oath, and wrong also in the establishment of despotic military governments for the States and in authorizing military commissions for the trial of civilians in time of peace. There should have been as little military government as possible; no military commissions; no classes excluded from suffrage; and no oath except one of faithful obedience and support to the Constitution and laws, and of sincere attachment to the constitutional Government of the United States."

"The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States."

"When Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the state. The Act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final."

"When Chase, Sumner, Stevens, and Wilson talk to the negro of the importance of having the franchise, and stop short of giving the franchise to woman, I proclaim them hypocrites—I proclaim them politicians. They speak so to the newly freed slave, because he has already the ballot in his hands, and they want him to vote for them. We have not that right, and hence they do not speak one word in favor of our attaining the elective franchise."

"God sifted a whole nation that he might send choice grain over into this wilderness."

"Huey Long once said, 'Fascism will come to America in the name of anti-fascism.' I'm afraid, based on my own experience, that fascism will come to America in the name of national security."

"This is not the first time I've charged a person before I've made the case." — Jim Garrison [James Phelan, Scandals, Scamps, and Scoundrels."

"I was burned so many times that I stopped giving interviews. In other words, if my words ended up in print, they were twisted in an indescribable fashion."

"Before we introduced the testimony of our witnesses, we made them undergo independent verifying tests, including polygraph examination, truth serum and hypnosis. We thought this would be hailed as an unprecedented step in jurisprudence; instead, the press turned around and hinted that we had drugged our witnesses or given them posthypnotic suggestions to testify falsely."

"...Witnesses in this case do have a habit of dying at the most inconvenient times. I understand a London insurance firm has prepared an actuarial chart on the likelihood of 20 of the people involved in this case dying within three years of the assassination -- and found the odds 30 trillion to one. But I'm sure NBC will shortly discover that one of my investigators bribed the computer."

"To show you how cosmically irrelevant the Warren Report is for the most part … one of the exhibits is classified in the front as, 'A Study of the Teeth of Jack Ruby's Mother.' Even if Jack Ruby had intended to bite Oswald to death, that still would not have been relevant."

"One of the stated objectives [of the Warren Commission] was to calm the fears of the people about a conspiracy. But in our country, the government has no right to calm our fears, any more than it has, for example, the right to excite our fears about Red China, or about fluoridation, or about birth control, or about anything. There's no room in America for thought control of any kind, no matter how benevolent the objective. Personally, I don't want to be calm about the assassination of John F. Kennedy. I don't want to be calm about a president of my country being shot down in the streets."

"In retrospect, the reason for the assassination is hardly a mystery. It is now abundantly clear … why the C.I.A.'s covert operations element wanted John Kennedy out of the Oval Office and Lyndon Johnson in it. The new President elevated by rifle fire to control of our foreign policy had been one of the most enthusiastic American cold warriors.... Johnson had originally risen to power on the crest of the fulminating anti-communist crusade which marked American politics after World War II. Shortly after the end of that war, he declaimed that atomic power had become 'ours to use, either to Christianize the world or pulverize it' -- a Christian benediction if ever there was one. Johnson's demonstrated enthusiasm for American military intervention abroad … earned him the sobriquet 'the senator from the Pentagon...."

"Jim Garrison... the New Orleans DA was an elected official who did not just challenge the Warren Commission; he actually put together an alternative theory of Kennedy’s assassination. That theory created intense interest and attracted a public following...a serious problem for the MSM. The press had embraced the Warren Report, all 800 pages of it. Now came an accomplished District Attorney who was saying that their much-ballyhooed report on the death of President Kennedy was rubbish. By doing that, Garrison was not just upsetting the MSM’s apple cart, but also the FBI, the Secret Service and the White House. After all, they had all cooperated and worked for several months on this much anticipated report. Could they all have been so easily taken in by the Dallas Police? Or was there something else at work? Perhaps a deliberate cover-up? If so, why? What could be behind such an evil act and its elaborate concealment?"

"By raising these questions, Garrison was upsetting the establishment. Therefore, he was harshly attacked by all elements of the power structure. Almost no one in the media—except the LA Free Press, Ramparts and Playboy magazines—gave him a fair hearing. Every major newspaper, magazine, and TV network discounted or attacked him—none treated him fairly or even handedly. Elements of the government illegally spied on him, sent infiltrators into his camp, wired his office, tapped his phone, and launched subversive operations against his investigative efforts. (See William Davy, Let Justice be Done, Chapter 12) When Garrison complained about these actions, the MSM ignored him. Today, after the disclosures of the Assassination Records Review Board, they cannot be ignored. For the simple matter that the acts of subversion can now be proven with declassified documents."

"Hail, Columbia! happy land! Hail, ye heroes! heaven-born band! Who fought and bled in Freedom’s cause, Who fought and bled in Freedom’s cause, And when the storm of war was gone, Enjoyed the peace your valor won. Let independence be our boast, Ever mindful what it cost; Ever grateful for the prize, Let its altar reach the skies!"

"Who now shall accuse and arraign us? What man shall condemn and disown? Since Christ has said only the stainless Shall cast at his fellows a stone."

"O woman, born first to believe us; Yea, also born first to forget; Born first to betray and deceive us, Yet first to repent and regret!O first then in all that is human, Lo! first where the Nazarene trod, O woman! O beautiful woman! Be then first in the kingdom of God!"

""All honor to him who shall win the prize," The world has cried for a thousand years; But to him who tries, and who fails and dies, I give great honor and glory and tears.Give glory and honor and pitiful tears To all who fail in their deeds sublime; Their ghosts are many in the van of years, They were born with Time in advance of Time."

"Oh, great is the hero who wins a name, But greater many and many a time Some pale-faced fellow who dies in shame, And lets God finish the thought sublime.And great is the man with a sword undrawn, And good is the man who refrains from wine; But the man who fails and yet still fights on, Lo, he is the twin-born brother of mine."

"O star-built bridge, broad milky way! O star-lit, stately, splendid span! If but one star should cease to stay And prop its shoulders to God's plan — The man who lives for self, I say, He lives for neither God nor man."

"I count the columned waves at war With Titan elements; and they, In martial splendor, storm the bar And shake the world, these bits of spray."

"Each gives to each, and like the star Gets back its gift in tenfold pay.To get and give and give amain The rivers run and oceans roll. O generous and high-born rain When reigning as a splendid whole! That man who lives for self alone Lives for the meanest mortal known."

"Is it worthwhile that we jostle a brother, Bearing his load on the rough road of life? Is it worthwhile that we jeer at each other, In blackness of heart — that we war to the knife? God pity us all in our pitiful strife."

"In men whom men condemn as ill I find so much of goodness still. In men whom men pronounce divine I find so much of sin and blot I hesitate to draw a line Between the two, where God has not."

"He rode as rides the hurricane; He seem'd to swallow up the plain; He rode as never man did ride, He rode, for ghosts rode at his side, And on his right a grizzled grim — No, no, this tale is not of him."

"A grand old Neptune in the prow, Gray-hair'd, and white with touch of time, Yet strong as in his middle prime; A grizzled king, I see him now, With beard as blown by wind of seas, And wild and white as white sea-storm, Stand up, turn suddenly, look back Along the low boat's wrinkled track, Then fold his mantle round a form Broad-built as any Hercules, And so sit silently."

"Beside The grim old sea-king sits his bride, A sun-land blossom, rudely torn From tropic forests to be worn Above as stern a breast as e'er Stood king at sea or anywhere."

"He seem'd as lithe and free and tall And restless as the boughs that stir Perpetual topt poplar trees. And one, that one, had eyes to teach The art of love, and tongue to preach Life's hard and sober homilies; And yet his eager hands, his speech, All spoke the bold adventurer; While zoned about the belt of each There swung a girt of steel, till all Did seem a walking arsenal."

"These be but men. We may forget The wild sea-king, the tawny brave, The frowning wold, the woody shore, The tall-built, sunburnt men of Mars. . .But what and who was she, the fair? The fairest face that ever yet Look'd in a wave as in a glass; That look'd as look the still, far stars, So woman-like, into the wave To contemplate their beauty there, Yet look as looking anywhere?"

"I only saw her as she pass'd — A great, sad beauty, in whose eyes Lay all the loves of Paradise. . . . You shall not know her — she who sat Unconscious in my heart all time I dream'd and wove this wayward rhyme, And loved and did not blush thereat."

"The sunlight of a sunlit land, A land of fruit, of flowers, and A land of love and calm delight; A land where night is not like night, And noon is but a name for rest, And love for love is reckoned best. Where conversations of the eyes Are all enough; where beauty thrills The heart like hues of harvest-home; Where rage lies down, where passion dies, Where peace hath her abiding place. . . ."

"A face that lifted up; sweet face That was so like a life begun, That rose for me a rising sun Above the bended seven hills Of dead and risen old new Rome.Not that I deem'd she loved me. Nay, I dared not even dream of that. I only say I knew her; say She ever sat before me, sat All still and voiceless as love is, And ever look'd so fair, divine, Her hush'd, vehement soul fill'd mine, And overflowed with Runic bliss, And made itself a part of this."

"O you had loved her sitting there, Half hidden in her loosen'd hair: Why, you had loved her for her eyes, Their large and melancholy look Of tenderness, and well mistook Their love for light of Paradise."

"Her mouth Was roses gather'd from the south, The warm south side of Paradise, And breathed upon and handed down, By angels on a stair of stars."

"This creature comes from out the dim Far centuries, beyond the rim Of time's remotest reach or stir."

"I dared not dream she loved me. Nay, Her love was proud; and pride is loth To look with favor, own it fond Of one the world loves not to-day … No matter if she loved or no, God knows I loved enough for both, And knew her as you shall not know Till you have known sweet death, and you Have cross'd the dark; gone over to The great majority beyond."

"Lo! all things moving must go by. The sea lies dead. Behold, this land Sits desolate in dust beside His snow-white, seamless shroud of sand; The very clouds have wept and died, And only God is in the sky."

"Where storm-born shadows hide and hunt I knew thee, in thy glorious youth, And loved thy vast face, white as truth; I stood where thunderbolts were wont To smite thy Titan-fashioned front, And heard dark mountains rock and roll; I saw the lightning's gleaming rod Reach forth and write on heaven's scroll The awful autograph of God!"

"A thousand miles of mighty wood Where thunder-storms stride fire-shod; A thousand flowers every rod, A stately tree on every rood; Ten thousand leaves on every tree, And each a miracle to me; And yet there be men who question God!"

"The mountains from that fearful first Named day were God's own house. Behold, 'Twas here dread Sinai's thunders burst And showed His face. 'Twas here of old His prophets dwelt. Lo, it was here The Christ did come when death drew near."

"These stony altars they have hurled Oppression back, have kept the boon Of liberty. Behold, how free The mountains stand, and eternally."

"For the Right, through thickest night, Till the man-brute Wrong be driven From high places; till the Right Shall lift like some grand beacon light. For the Right! Love, Right and duty; Lift the world up, though you fall Heaped with dead before the wall; God can find a soul of beauty Where it falls, as gems of worth Are found by miners dark in earth."

"Come listen, O Love, to the voice of the dove, Come, hearken and hear him say, THERE ARE MANY TO-MORROWS, MY LOVE, MY LOVE, — THERE IS ONLY ONE TO-DAY."

"Rugged! Rugged as Parnassus! Rude, as all roads I have trod — Yet are steeps and stone-strown passes Smooth o'er head, and nearest God.Here black thunders of my canyon Shake its walls in Titan wars! Here white sea-born clouds companion With such peaks as know the stars!"

"Dear, I took these trackless masses Fresh from Him who fashioned them; Wrought in rock, and hewed fair passes, Flower set, as sets a gem.Aye, I built in woe. God willed it; Woe that passeth ghosts of guilt. Yet I built as His birds builded — Builded singing as I built.All is finished! Roads of flowers Wait your loyal little feet. All completed? Nay, the hours Till you come are incomplete."

"O, the sea of lights for streaming When the thousand flags are furled— When the gleaming bay lies dreaming As it duplicates the world!You will come my dearest, truest! Come my sovereign queen often; My blue skies will then be bluest; My white rose be whitest then:Then the song! Ah, then the sabre Flashing up the walls of night! Hate of wrong and love of neighbor Rhymes of battle for the Right!"

"We plant this stone as some small seed Is sown at springtime, warm with earth; We sow this seed as some good deed Is sown, to grow until its worth Shall grow, through rugged steeps of time, To touch the God-built stars sublime."

"Man's books are but a climbing stair, Lain step by step, like stairs of stone; The stairway here, the temple there — Man's lampad honor, and his trust, The God who called him from the dust."

"Man's books are but man's alphabet, Beyond and on his lessons lie — The lessons of the violet, The large gold letters of the sky; The love of beauty, blossomed soil, The large content, the tranquil toil:The toil that nature ever taught, The patient toil, the constant stir, The toil of seas where shores are wrought, The toil of Christ, the carpenter; The toil of God incessantly By palm-set land or frozen sea."

"Behold this sea, that sapphire sky! Where nature does so much for man, Shall man not set his standard high, And hold some higher, holier plan? Some loftier plan than ever planned By outworn book of outworn land?Where God has done so much for man, Shall man for God do aught at all? The soul that feeds on books alone — I count that soul exceeding small That lives alone by book and creed,— A soul that has not learned to read."

"Almost his first words were, "Well, let us go and talk with the poets!" In vain I assured this untamed poet that the "Bards of San Francisco Bay," whom he had so naively saluted, had taken the vows of neither brotherhood nor sisterhood; that they feasted at no common board; flocked not; discoursed with no beaded rills; neither did their skilled hands sweep any strings whatever, and he must, therefore, listen in vain for the seraphic song."

"Human law must rest its authority ultimately upon the authority of that law which is divine. Far from being rivals or enemies religion and law are twin sisters, friends, and mutual assistance. Indeed, these two sciences run into each other."

"We have viewed, in a number of instances, the accommodating spirit of the common law. In other instances, its temper is decided and firm. The means are varied according to times and circumstances; but the great ends of liberty are kept steadily and constantly in view. Its foundations were laid in remote antiquity, have not been overturned by the successive invasions, or migrations, or revolutions which have taken place. The reason has already been hinted at: it contains the common dictates of nature, refined by wisdom and experience, as occasions offer, and cases arise. In all sciences, says my Lord Bacon, they are the soundest that keep closest to particulars. Indeed a science appears to be best formed into a system, by a number of instances drawn from observation and experience, and reduced gradually into general rules; still subject, however, to successive improvements, which future observation or experience may suggest to be proper. The natural progress of the human mind, in the acquisition of knowledge, is from particular facts to general principles. This progress is familiar to all in the business of life; it is the only one, by which real discoveries have been made in philosophy; and it is the one, which has directed and superintended the instauration of the common law. In this view, common law, like natural philosophy, when properly studied, is a science founded on experiment. The latter is improved and established by carefully and wisely attending to the phenomena of the material world; the former, by attending, in the same manner, to those of man and society. Hence, in both, the most regular and undeviating principles will be found, on accurate investigation, to guide and control the most diversified and disjointed appearances. How steadily and how effectually has the spirit of liberty animated the common law, in all the vicissitudes, revolutions, and dangers, to which that system has been exposed! In matters of a civil nature, that system works itself pure by rules drawn from the fountain of justice : in matters of a political nature, it works itself pure by rules drawn from the fountain of freedom."

"The executive power is better to be trusted when it has no screen. Sir, we have a responsibility in the person of our President; he cannot act improperly, and hide either his negligence or inattention; he cannot roll upon any other person the weight of his criminality; no appointment can take place without his nomination; and he is responsible for every nomination he makes... far from being above the laws, he is amenable to them in his private character as a citizen, and in his public character by impeachment."

"To the Constitution of the United States the term SOVEREIGN, is totally unknown."

"Man, fearfully and wonderfully made, is the workmanship of his all perfect Creator: A State; useful and valuable as the contrivance is, is the inferior contrivance of man; and from his native dignity derives all its acquired importance."

"Let a state be considered as subordinate to the people: But let everything else be subordinate to the state."

"By a State I mean, a complete body of free persons united together for their common benefit, to enjoy peaceably what is their own, and to do justice to others."

"Old Grimes is dead, that good old man We never shall see more; He used to wear a long black coat All buttoned down before."

"Fill every beaker up, my men, pour forth the cheering wine: There’s life and strength in every drop,—thanksgiving to the vine!"

"These in the robings of glory, Those in the gloom of defeat, All with the battle-blood gory, In the dusk of eternity meet;— Under the sod and the dew, Waiting the judgment-day;— Under the laurel the Blue, Under the willow, the Gray."

"All around us there are tangible evidences of the industrial activity of our people and the growth and development of our State, and with national legislation not unfavorable to us, the future of Oregon is full of promise of a rich inheritance to its inhabitants."

"It must be remembered that our State is but in its infancy. That its population is small, and its material wealth is very limited. That notwithstanding it embraces within its boundaries a large area of territory, which includes extensive districts of productive lands, valuable mines of coal, iron, and precious metals, vast quantities of timber, broad rivers, innumerable bays, harbors, and inlets, abounding in fish of the choicest kind sufficient to supply the markets of the world, yet its resources are comparatively undeveloped. And that while it possesses all the elements of grandeur and magnificence, its greatness can not be successfully achieved without the benefit of a well regulated government, whose foundation is laid upon the broad principles of honesty, economy, and justice."

"A great system of internal improvement is being inaugurated in our midst, which fostered and encouraged, as it should be, will make Oregon, in the not distant future, one of the finest and most prosperous States in the Republic."

"While our common country has been afflicted, and still suffers, from the greatest calamity a people can experience, our own State has been visited by scourges which, though relieved from the horrors of civil war, has resulted in the loss of immense quantities of property, the depriving of many of our citizens of their homes, or the means of support, and seriously crippling, for the present, the Agricultural interests of the State. Indeed, the high waters of December last did more than destroy property, and desolate homes; and many human lives were lost, while attempting to escape the floods, or generously assisting to relieve others from their perils."

"I formed the conviction that there is no such thing as a conflict that can't be ended. Conflicts are created, conducted and sustained by human beings. They can be ended by human beings."

"said on nearly every episode, when interrupted by a litigant: I'm speaking!"

"to a defendant's witness wearing a T-shirt reading "BEER EQUALS FUN": Mr. Gordon, that's a ridiculous shirt that you chose to wear to court today. ... I don't know what kind of statement you thought you were making, but if you wanted to leave the impression on this piece of tape that you're going to have on posterity for your children that you are an intelligent, thinking person, that shirt you're wearing belies that fact."

""Yep" is not an answer!"

"You're going to keep your mouth shut until I come to you and ask you a question, then you're going to speak; otherwise Byrd will take you outside until you understand the rules, 'cause here, I'm in charge."

"If you tell the truth, you don't have to have a good memory. If you lie, you're always tripping over your own tie. ("If you tell the truth, you don't have to remember anything" - Mark Twain)"

"to a defendant raising his hand to speak while plaintiff is speaking: You wanna lose, fast?"

"Why don't you SHUT UP and listen?!"

"to a defendant who called the plaintiff a "witch" after the judge ruled in the plaintiff's favor: You gotta learn to behave yourself, madam. I have a feeling you have a pretty hot temper - not as hot as mine. That's all - out!"

"You're irritating me. It's not a good thing to start off by irritating the person who's supposed to decide your case."

"after someone in audience applauds, causing plaintiff to burst into tears: If there's any more noise from our gallery, you're gonna leave. Got it?"

"Did that sound like a rhetorical question? It wasn't. I want you to answer it, capisce? Now, THAT was a rhetorical question! See the difference?"

"PUT YOUR HAND DOWN!"

"There's just one person who's allowed to ask, or answer, rhetorical questions in my courtroom -- and that's me! Understand? No, don't answer! There you go again."

"I want you to stop getting hysterical over NOTHING!"

"Whoever you think you are, you do not talk to me that way. Not ever. I am not your daughter. How you speak to your own child in your own house is your own business. You can make her cry for all I care; she's your kid, not mine. But that's her, it isn't me. Or can't you tell the two of us apart? Because if you can't, then you've got a far more serious problem than the one that brought you here today. That bigger problem is Byrd."

"to a defendant's witness wearing torn jeans: I'm looking in your direction trying to figure out whether you accidentally tripped on your way coming into court today, or whether you selected those pants because you thought that they were attractive."

"I'm not 25, and I'm not 5'8". But I know when someone is pulling my leg."

"Let me tell you something. This is my playpen, and I get the last word."

"I mean, did you think I was just a fake person here, that they picked out of, you know, that they picked out of a supermarket? Didn't you think that I had any legal experience at all, sir?"

"I got you ten ways from Sunday, madam!"

"Mr. Britton, don't be a wise guy, because I'm gonna mop up the floor with you if you're a wise guy to me. This is my playpen, not yours."

"DON'T SPEAK! See how fast I can get the smile off your face?"

"(To a law student) Does the word "shyster" mean anything to you?"

"(To a football player) If you lie to me, I'll mop the floor with you worse than anyone who's ever tackled you."

"(To a legal intern) Would you mind telling me who you blackmailed, bribed, or slept with to get that diploma? I'd like to mail them a sympathy card."

"Let me tell you something: if you live to be a hundred, you'll never be as smart as I am in one finger."

"...Did you just call me Nurse Ratched!? Byrd. Get rid of him. Now."

"If I could fine you for stupid, I would fine you for stupid."

"Let me explain something to you, Fresh Mouth: I'm the only one who makes jokes."

"to a defendant who claimed he was receiving Worker's Compensation for a bad knee: Well, what did you think you were going to do for UPS, deliver babies?"

"after throwing the defendant and his witness out of the courtroom: I have other things to do today. I have to get home! [points to her wristwatch] JUDGE JUDY IS ON!!! [audience laughs]"

"Don't be a wise guy in here, sir. There's only one wise person in here - and that's Byrd."

"Try not to be too nervous. I only digest litigants on Thursday."

"I don't know why a 57-year-old man would loan an 18-year-old cashier at Whole Foods $250. I don't know why a man would do that. But I can tell you one thing: my husband's not going to Whole Foods anymore."

"Your lawsuit is such a crock of baloney."

"NO it wasn't a gift, you FOOL!"

"Oh, sit down! You're as dumb as he is!"

"You pulled out a gun, and you shot the gun over FLOWERS! Are you a MORON?!! ... You should be hiding under a rock, not acting as plaintiff in a lawsuit!"

"to a young woman who was being sued by her aunt for a loan for breast augmentation: And instead of her paying it back every month, you should pay it back every month - certainly you don't go in and get bigger breasts while somebody is sitting there paying back money that they "gave" to you during the course of an emergency! And I don't care if she's harassing you and your family, because quite frankly, you deserve to be harassed! Judgment for the plaintiff in the amount of $3500, that's all."

"to a young woman suing a former friend for a broken toilet: The toilet broke while she was using it - that doesn't mean that she broke it, and it doesn't mean that she's responsible for it! Toilets break - I had one just break in my apartment last week! Cost me $650 to put in a new toilet! You think I went around to try to find the last person who sat on it? [audience breaks into laughter] Don't be STUPID! GROW UP! That's all."

"to a mother who moved her daughter across the country so that the girl's father couldn't see her, because her fiancee was offered a new job: I don't care whether your fiancee was elected President of the United States! You have no right to move your child across the country without [the father's] permission!"

"Consider yourself having been reasonably humiliated in front of ten million people. Now, without saying another word, turn around, and find the exit. Goodbye."

"I don't care whether you had a 30-day notice, a 3-day notice, or a partridge in a pear tree!"

"You say no, I say yes; I win, I'm the judge. Goodbye."

"I don't care about your stress! You should care about my stress; I'm older than you are! (25 Aug 2016 show)"

"to a mother of three suing the defendant for an assault: You don't belong out at a club [at] 12:30 at night when you have a one-year-old, a two-year-old, a five-year-old and a 12-year-old! You belong HOME, reading them stories from a BOOK!"

"Judy: (to defendant, who took 17 purses and 21 belts from the plaintiff to sell on consignment, and was being sued because the plaintiff never got her money or the merchandise back) Where are they? [referring to merchandise] Defendant: I couldn't sell them, and... Judy: So what did you do with them? Defendant: I threw them away. Judy: Well then, you're the dumbest thing that I've seen all day! What do you mean, you threw 'em away? You think that I believe that? That's what you wrote in your answer. I said, "I have to see the person who says to me..." [audience laughs] "...that I couldn't sell them so I threw 'em away." You think that I believe that? That's the dumbest thing I've ever heard! Defendant: I couldn't sell them--- Judy: Why would you want to tell ten million people - how stupid a response that you could make up in your head and expect somebody to believe!!!"

"Judy: [after catching defendant in a lie; he admitted that he was living with his witness when a few moments earlier he had said he wasn't] PERFECT! So now you're living back together again. And why, Nick, did you feel as if it was necessary to lie to me a moment ago? Defendant: I... have been staying in Minneapolis every now and then... but I... didn't mean to lie to you. Judy: There's another reason, Nick. Defendant: There's no reason to lie. I'm sorry. Judy: Well... Defendant's Witness: Not many people know that he is staying there with me. Judy: Now ten million people know that he's staying with you. [Audience laughs]"

"Judy: Listen to me very carefully, sir. I don't want you to give me the Dumb Routine. Do you know what I'm talking about? If you're dumb, I'll know you're dumb. If you give me the dumb routine, I know it's a dumb routine. Defendant: Yes, ma'am. Judy: I know the difference, Mr. Carey. Do you understand that? Defendant: [grinning] Yes, ma'am. Judy: Okay, very good. Now we understand each other, sir. Believe me, by the time this is over you're not gonna be smiling."

"Judy: [to Byrd] Put him outside. Byrd: Put who outside? Judy: [points to defendant] Him. Byrd: Him? Judy: Him. Defendant: [muttering under his breath as he is escorted out of court] Oh, man. The story of my life. Judy: [to plaintiff] Mr. Britton's fifteen minutes of fame is over."

"Plaintiff: By the way, Your Honor, you look beautiful. Judy: Don't go there, Mr. Missry, because it'll be the fastest way for you out the door, sir. Plaintiff: I'm sorry. Judy: The fastest way for you out the door."

"Judy: [yelling at defendant, who is being sued for bleaching plaintiff's clothes and has just cursed at plaintiff in court] LISTEN TO ME!!! Where do you think you are? You think you're on Springer? [audience laughs] You're NOT! You're NOT! You wanna go to a therapist, go someplace else--- Defendant: No, I don't need a therapist. Judy: Listen to me! Defendant: I don't need to see a therapist... [continues trying to talk over Judy] Judy: Only one person is going to have--only one... judgment for the plaintiff in the amount of $5000! Your counterclaim is dismissed! Defendant: Excuse me? No! What about my computer? But what about my computer? But what about my computer? Judy: [getting up to walk off the set] That's all. Your counterclaim is dismissed. Defendant: ...and you just gonna walk away like that? That don't even make no sense! What about my computer, I don't get no chance to say nothin'... Judy: [over defendant's continued protests] I told you - I told you: it's my playpen, I have the word. Goodbye, go someplace else!"

"Judy: [indicating defendant's sister, who has worn a mini-dress to court with a matching jacket] Where's the rest of her outfit? [audience laughs] Defendant: That was the most... professional clothing she could find, I guess. Judy: [to sister] You don't have a pair of long pants? Defendant's Witness: I do, but I... I just feel this is appropriate, since it's sold in stores. Defendant: Sold in, like, business apparel stores. Defendant's Witness: Yes, business apparel. [Judy and Byrd share an incredulous glance] Byrd: Different kind of business, I guess. Judy: [to sister] Do you go to church? Defendant's Witness: I'm a Christian. Judy: Did you ever go to church? Defendant's Witness: [giggling] Yes... Judy: [audience laughs and she raps on her table for them to be quiet] Did you ever go to church? Defendant's Witness: Yes, I did. Judy: Would you wear that outfit to church? Defendant's Witness: No, I wouldn't. Judy: No. You know, I just wanted to know where your head was at...When did the plaintiff put a fuel pump in your car? Defendant: Um, I would say May. Judy: May of 2010? Defendant: Yep. Around my birthday. Judy: "Yep" is not an answer. Defendant: Yes. Judy: [points to defendant's sister] "Yes" is an answer. "Yep" goes with that outfit. [audience laughs again]"

"Defendant: ...I have a lot to be proud of. Judy: Like what? Defendant: I graduated high school. Judy: Oh, well! That's, like, the Eighth Wonder of the World; isn't it! Defendant: Yes; by our family's standards, that's a great accomplishment. Judy: Yeah, right; so is tying your own shoelaces, I'll bet."

"It's hard for me to see how members of al Qaeda could be considered prisoners of war. I think they clearly do not fit within the prescriptions of the Geneva Convention."

"Though this nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and continue to be, in too many ways, essentially a nation of cowards. Though race related issues continue to occupy a significant portion of our political discussion, and though there remain many unresolved racial issues in this nation, we, average Americans, simply do not talk enough with each other about race. It is an issue we have never been at ease with and given our nation’s history this is in some ways understandable. And yet, if we are to make progress in this area we must feel comfortable enough with one another, and tolerant enough of each other, to have frank conversations about the racial matters that continue to divide us."

"When you compare what people endured in the South in the 60s to try to get the right to vote for African Americans, and to compare what people were subjected to there to what happened in Philadelphia—which was inappropriate, certainly that…to describe it in those terms I think does a great disservice to people who put their lives on the line, who risked all, for my people."

"[I] can’t actually imagine a time in which the need for more diversity would ever cease. Affirmative action has been an issue since segregation practices. The question is not when does it end, but when does it begin [..] When do people of color truly get the benefits to which they are entitled?"

"It has come to my attention that you have now asked an additional question: ‘Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?’" Holder wrote. "The answer to that question is no."

"Michelle [Obama] always says, ‘When they go low, we go high.’ No. When they [Republicans] go low, we kick them.""

""When I say we, you know, ‘We kick ‘em,’ I don’t mean we do anything inappropriate. We don’t do anything illegal. But we got to be tough, and we have to fight for the very things that [civil rights leaders] John Lewis, Martin Luther King, Whitney Young – you know, all those folks gave to us.”"

"Good afternoon. I would like to take the next few moments to address the two investigations that the Justice Department has been conducting in Ferguson, Missouri, these last several months. The matter that we are here to discuss is significant not only because of the conclusions the Department of Justice is announcing today, but also because of the broader conversations and the initiatives that those conversations have inspired across the country on the local and national level. Those initiatives have included extensive and vital efforts to examine the causes of misunderstanding and mistrust between law enforcement officers and the communities they serve; to support and strengthen our public safety institutions as a whole; and to rebuild confidence wherever it has eroded."

"Nearly seven months have passed since the shooting death of 18-year-old Michael Brown in Ferguson, Missouri. That tragic incident provoked widespread demonstrations and stirred strong emotions from those in the Ferguson area and around our nation. It also prompted a federal investigation by the U.S. Department of Justice, with the Criminal Section of the Civil Rights Division, the U.S. Attorney’s Office of the Eastern District of Missouri and the FBI seeking to determine whether this shooting violated federal civil rights law."

"The promise I made when I went to Ferguson and at the time that we launched our investigation was not that we would arrive at a particular outcome, but rather that we would pursue the facts, wherever they led. Our investigation has been both fair and rigorous from the start. It has proceeded independently of the local investigation that concluded in November. And it has been thorough: as part of a wide-ranging examination of the evidence, federal investigators interviewed and re-interviewed eyewitnesses and other individuals claiming to have relevant information and independently canvassed more than 300 residences to locate and interview additional witnesses."

"This morning, the Justice Department announced the conclusion of our investigation and released a comprehensive, 87-page report documenting our findings and conclusions that the facts do not support the filing of criminal charges against Officer Darren Wilson in this case. Michael Brown’s death, though a tragedy, did not involve prosecutable conduct on the part of Officer Wilson."

"This conclusion represents the sound, considered, and independent judgment of the expert career prosecutors within the Department of Justice. I have been personally briefed on multiple occasions about these findings. I concur with the investigative team’s judgment and the determination about our inability to meet the required federal standard."

"This outcome is supported by the facts we have found – but I also know these findings may not be consistent with some people’s expectations. To all those who have closely followed this case, and who have engaged in the important national dialogue it has inspired, I urge you to read this report in full."

"I recognize that the findings in our report may leave some to wonder how the department’s findings can differ so sharply from some of the initial, widely reported accounts of what transpired. I want to emphasize that the strength and integrity of America’s justice system has always rested on its ability to deliver impartial results in precisely these types of difficult circumstances – adhering strictly to the facts and the law, regardless of assumptions. Yet it remains not only valid – but essential – to question how such a strong alternative version of events was able to take hold so swiftly, and be accepted so readily."

"A possible explanation for this discrepancy was uncovered during the course of our second federal investigation, conducted by the Civil Rights Division to determine whether Ferguson Police officials have engaged in a widespread pattern or practice of violations of the U.S. Constitution or federal law."

"As detailed in our searing report – also released by the Justice Department today – this investigation found a community that was deeply polarized; a community where deep distrust and hostility often characterized interactions between police and area residents."

"A community where local authorities consistently approached law enforcement not as a means for protecting public safety, but as a way to generate revenue. A community where both policing and municipal court practices were found to disproportionately harm African American residents. A community where this harm frequently appears to stem, at least in part, from racial bias – both implicit and explicit. And a community where all of these conditions, unlawful practices, and constitutional violations have not only severely undermined the public trust, eroded police legitimacy, and made local residents less safe – but created an intensely charged atmosphere where people feel under assault and under siege by those charged to serve and protect them."

"Of course, violence is never justified. But seen in this context – amid a highly toxic environment, defined by mistrust and resentment, stoked by years of bad feelings, and spurred by illegal and misguided practices – it is not difficult to imagine how a single tragic incident set off the city of Ferguson like a powder keg. In a sense, members of the community may not have been responding only to a single isolated confrontation, but also to a pervasive, corrosive, and deeply unfortunate lack of trust – attributable to numerous constitutional violations by their law enforcement officials including First Amendment abuses, unreasonable searches and seizures, and excessive and dangerous use of force; exacerbated by severely disproportionate use of these tactics against African Americans; and driven by overriding pressure from the city to use law enforcement not as a public service, but as a tool for raising revenue."

"According to our investigation, this emphasis on revenue generation through policing has fostered unconstitutional practices – or practices that contribute to constitutional violations – at nearly every level of Ferguson’s law enforcement system. Ferguson police officers issued nearly 50 percent more citations in the last year than they did in 2010 – an increase that has not been driven, or even accompanied, by a rise in crime."

"As a result of this excessive reliance on ticketing, today, the city generates a significant amount of revenue from the enforcement of code provisions. Along with taxes and other revenue streams, in 2010, the city collected over $1.3 million in fines and fees collected by the court. For fiscal year 2015, Ferguson’s city budget anticipates fine revenues to exceed $3 million – more than double the total from just five years prior. Our review of the evidence, and our conversations with police officers, have shown that significant pressure is brought to bear on law enforcement personnel to deliver on these revenue increases. Once the system is primed for maximizing revenue – starting with fines and fine enforcement – the city relies on the police force to serve, essentially, as a collection agency for the municipal court rather than a law enforcement entity focused primarily on maintaining and promoting public safety. And a wide variety of tactics, including disciplinary measures, are used to ensure certain levels of ticketing by individual officers, regardless of public safety needs."

"As a result, it has become commonplace in Ferguson for officers to charge multiple violations for the same conduct. Three or four charges for a single stop is considered fairly routine. Some officers even compete to see who can issue the largest number of citations during a single stop – a total that, in at least one instance, rose as high as 14. And we’ve observed that even minor code violations can sometimes result in multiple arrests, jail time and payments that exceed the cost of the original ticket many times over."

"For example, in 2007, one woman received two parking tickets that – together – totaled $152. To date, she has paid $550 in fines and fees to the city of Ferguson. She’s been arrested twice for having unpaid tickets, and spent six days in jail. Yet she still – inexplicably – owes Ferguson $541. And her story is only one of dozens of similar accounts that our investigation uncovered."

"Over time, it’s clear that this culture of enforcement actions being disconnected from the public safety needs of the community – and often to the detriment of community residents – has given rise to a disturbing and unconstitutional pattern or practice. Our investigation showed that Ferguson police officers routinely violate the Fourth Amendment in stopping people without reasonable suspicion, arresting them without probable cause, and using unreasonable force against them. According to the Police Department’s own records, its officers frequently infringe on residents’ First Amendment rights. They interfere with the right to record police activities. And they make enforcement decisions based on the way individuals express themselves."

"Many of these constitutional violations have become routine. For instance, even though it’s illegal for police officers to detain a person – even briefly – without reasonable suspicion, it’s become common practice for officers in Ferguson to stop pedestrians and request identification for no reason at all. And even in cases where police encounters start off as constitutionally defensible, we found that they frequently and rapidly escalate – and end up blatantly and unnecessarily crossing the line."

"During the summer of 2012, one Ferguson police officer detained a 32-year-old African American man who had just finished playing basketball at a park. The officer approached while the man was sitting in his car and resting. The car’s windows appeared to be more heavily tinted than Ferguson’s code allowed, so the officer did have legitimate grounds to question him. But, with no apparent justification, the officer proceeded to accuse the man of being a pedophile. He prohibited the man from using his cell phone and ordered him out of his car for a pat-down search, even though he had no reason to suspect that the man was armed. And when the man objected – citing his constitutional rights – the police officer drew his service weapon, pointed it at the man’s head, and arrested him on eight different counts. The arrest caused the man to lose his job."

"Unfortunately, this event appears to have been anything but an isolated incident. Our investigation showed that members of Ferguson’s police force frequently escalate, rather than defuse, tensions with the residents they encounter. And such actions are sometimes accompanied by First Amendment violations – including arresting people for talking back to officers, recording their public activities, or engaging in other conduct that is constitutionally protected."

"This behavior not only exacerbates tensions in its own right; it has the effect of stifling community confidence that’s absolutely vital for effective policing. And this, in turn, deepens the widespread distrust provoked by the department’s other unconstitutional exercises of police power – none of which is more harmful than its pattern of excessive force."

"Among the incidents of excessive force discovered by our comprehensive review, some resulted from stops or arrests that had no legal basis to begin with. Others were punitive or retaliatory in nature. The police department’s routine use of Tasers was found to be not merely unconstitutional, but abusive and dangerous. Records showed a disturbing history of using unnecessary force against people with mental illness. And our findings indicated that the overwhelming majority of force – almost 90 percent – is directed against African Americans."

"This deeply alarming statistic points to one of the most pernicious aspects of the conduct our investigation uncovered: that these policing practices disproportionately harm African American residents. In fact, our review of the evidence found no alternative explanation for the disproportionate impact on African American residents other than implicit and explicit racial bias."

"Between October 2012 and October 2014, despite making up only 67 percent of the population, African Americans accounted for a little over 85 percent of all traffic stops by the Ferguson Police Department. African Americans were twice as likely as white residents to be searched during a routine traffic stop, even though they were 26 percent less likely to carry contraband. Between October 2012 and July 2014, 35 black individuals – and zero white individuals – received five or more citations at the same time. During the same period, African Americans accounted for fully 85 percent of the total charges brought by the Ferguson Police Department. African Americans made up over 90 percent of those charged with a highly-discretionary offense described as “Manner of Walking Along Roadway.” And the use of dogs by Ferguson police appears to have been exclusively reserved for African Americans; in every case in which Ferguson police records recorded the race of a person bit by a police dog, that person was African American."

"The evidence of racial bias comes not only from statistics, but also from remarks made by police, city and court officials. A thorough examination of the records – including a large volume of work emails – shows a number of public servants expressing racist comments or gender discrimination; demonstrating grotesque views and images of African Americans in which they were seen as the “other,” called “transient” by public officials, and characterized as lacking personal responsibility."

"I want to emphasize that all of these examples, statistics and conclusions are drawn directly from the exhaustive Findings Report that the Department of Justice has released. Clearly, these findings – and others included in the report – demonstrate that, although some community perceptions of Michael Brown’s tragic death may not have been accurate, the widespread conditions that these perceptions were based upon, and the climate that gave rise to them, were all too real."

"This is a reality that our investigators repeatedly encountered in their interviews of police and city officials, their conversations with local residents, and their review of thousands of pages of records and documents. This evidence pointed to an unfortunate and unsustainable situation that has not only severely damaged relationships between law enforcement and members of the community, but made professional policing vastly more difficult – and unnecessarily placed officers at increased risk. And today – now that our investigation has reached its conclusion – it is time for Ferguson’s leaders to take immediate, wholesale and structural corrective action. Let me be clear: the United States Department of Justice reserves all its rights and abilities to force compliance and implement basic change."

"The report from the Justice Department presents two sets of immediate recommendations – for the Ferguson Police Department and the Municipal Court. These recommendations include the implementation of a robust system of true community policing; increased tracking, review and analysis of Ferguson Police Department stop, search, ticketing and arrest practices; increased civilian involvement in police decision-making; and the development of mechanisms to effectively respond to allegations of officer misconduct. They also involve changes to the municipal court system including modifications to bond amounts and detention procedures; an end to the use of arrest warrants as a means of collecting owed fines and fees; and compliance with due process requirements. Ensuring meaningful, sustainable and verifiable reform will require that these and other measures be part of a court-enforceable remedial process that includes involvement from community stakeholders as well as independent oversight in order to remedy the conduct we have identified, to address the underlying culture we have uncovered, and to restore and rebuild the trust that has been so badly eroded."

"As the brother of a retired police officer, I know that the overwhelming majority of America’s brave men and women in law enforcement do their jobs honorably, with integrity, and often at great personal risk. I have immense regard for the vital role that they play in all of America’s communities – and the sacrifices that they and their families are too often called to make on behalf of their country. It is in great part for their sake – and for their safety – that we must seek to rebuild trust and foster mutual understanding in Ferguson and in all communities where suspicion has been allowed to fester. Negative practices by individual law enforcement officers and individual departments present a significant danger not only to their communities, but also to committed and hard-working public safety officials around the country who perform incredibly challenging jobs with unwavering professionalism and uncommon valor. Clearly, we owe it to these brave men and women to ensure that all law enforcement officials have the tools, training and support they need to do their jobs with maximum safety and effectiveness."

"Over the last few months, these goals have driven President Obama and me to announce a series of Administration proposals that will enable us to help heal mistrust wherever it is found – from a National Initiative for Building Community Trust and Justice, to a historic new Task Force on 21st Century Policing – which will provide strong, federal support to law enforcement at every level, on a scale not seen since the Johnson Administration. These aims have also led me to travel throughout the country – to Atlanta, Cleveland, Memphis, Chicago, Philadelphia, Oakland and San Francisco – to convene a series of roundtable discussions dedicated to building trust and engagement between law enforcement, civil rights, youth and community leaders from coast to coast."

"As these discussions have unfolded, I have repeatedly seen that – although the concerns we are focused on today may be particularly acute in Ferguson – they are not confined to any one city, state, or geographic region. They implicate questions about fairness and trust that are national in scope. And they point not to insurmountable divides between people of different perspectives, but to the shared values – and the common desire for peace, for security, and for public safety – that binds together police as well as protestors."

"Although dialogue, by itself, will not be sufficient to address these issues – because concrete action is needed – initiating a broad, frank, and inclusive conversation is a necessary and productive first step. In all of the Civil Rights Division’s activities in Ferguson – as in every pattern-or-practice investigation the Division has launched over the last six years – our aim is to help facilitate and inform this conversation; to make certain it leads to concrete action; and to ensure that law enforcement officers in every part of the United States live up to the same high standards of professionalism. It is clear from our work throughout the country—particularly the work of our Civil Rights Division—that the prospect of police accountability and criminal justice reform is an achievable goal; one that we can reach with law enforcement and community members at the table as full partners."

"Last August, when I visited Ferguson to meet with concerned citizens and community leaders, I made a solemn commitment: that the United States Department of Justice would continue to stand with the people there long after the national headlines had faded. This week, with the conclusion of our investigations into these matters, I again commit to the people of Ferguson that we will continue to stand with you and to work with you to ensure that the necessary reforms are implemented. And even as we issue our findings in today’s report, our work will go on."

"It will go on as we engage with the city of Ferguson – and surrounding municipalities – to reform their law enforcement practices and establish a public safety effort that protects and serves all members of the community. It will go on as we broaden this work, and extend the assistance of the Justice Department to other communities around the country. And it will go on as we join together with all Americans to ensure that public safety is not a burden undertaken by the brave few, but a positive collaboration between everyone in this nation. The report we have issued and the steps we have taken are only the beginning of a necessarily resource intensive and inclusive process to promote reconciliation, to reduce and eliminate bias, and to bridge gaps and build understanding. And in the days ahead, the Department of Justice will stay true to my promise, vigilant in its execution, and determined in the pursuit of justice—in every case, in every circumstance, and in every community across the United States. Thank you."

"By properly contenting itself with the decision of actual cases or controversies at the instance of someone suffering distinct and palpable injury, the judiciary leaves for the political branches the generalized grievances that are their responsibility under the Constitution. Far from an assault on the other branches, this is an insistence that they are supreme within their respective spheres, protected from intrusion — however welcome or invited — of the judiciary. Separation of powers is a zero-sum game. If one branch unconstitutionally aggrandizes itself, it is at the expense of one of the other branches."

"The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

"But the First Amendment protects against the Government; it does not leave us at the mercy of noblesse oblige. We would not uphold an unconstitutional statute merely because the Government promised to use it responsibly. [...] The Government’s assurance that it will apply [a statutory provision] more restrictively than its language provides is pertinent only as an implicit acknowledgment of the potential constitutional problems with a more natural reading."

"Alternatively, the Government proposes that law enforcement agencies "develop protocols to address" concerns raised by cloud computing. Probably a good idea, but the Founders did not fight a revolution to gain the right to government agency protocols."

"Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law... Just who do we think we are?"

"We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them."

"Either he is a liar or he is too naïve to hold any important job including, and especially, this one. This is like a legal ruling written by the little mermaid."

"Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute"

"the people's right to have their day in court is being foreclosed. Corporate victories in federal and state elections work hand in hand with this mission by assuring the nomination of more commercially-responsive judges such as Chief Justice Roberts, and Justices Scalia and Alito, with the same being true in many states."

"Chief Justice John Roberts memorably quipped, in the Parents Involved decision that gutted Brown, "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race," which actually meant, ignore the effects of discrimination by pretending to be color-blind."

"While John Roberts was surely chosen for a number of reasons-his thin judicial record not the least of them-I do think the Bushies were aware that his golden-boy appearance would be good PR. Even many Democrats were duped into viewing him as a sort of "moderate" conservative. Beneath the attractive facade and genteel personality, however, lies a hideous, Borkish creature. His rulings since I drew this cartoon have neatly borne out my prediction that he would steer the court to the hard right."

"The core of the concept of a bribe is an inducement improperly influencing the performance of a public function meant to be gratuitously exercised."

"In ancient Israel and Rome the judge had appeared as a stand-in for the divine, and corruption was a blinding of the representative of the divine."

"Morals are concerned with what aids or impedes the fulfillment of basic human needs."

"No one has ever suggested that tax exemption has converted libraries, art galleries, or hospitals into arms of the state or employees "on the public payroll." There is no genuine nexus between tax exemption and establishment of religion."

"In my conception of it, the primary role of the Court is to decide cases. From the decision of cases, of course, some changes develop, but to try to create or substantially change civil or criminal procedure, for example, by judicial decision is the worst possible way to do it. The Supreme Court is simply not equipped to do that job properly."

"History is filled with examples of men and women who rendered highly effective performance without the conventional badges of accomplishment in terms of certificates, diplomas, or degrees. Diplomas and tests are useful servants, but Congress has mandated the commonsense proposition that they are not to become masters of reality."

"The policeman on the beat or in the patrol car makes more decisions and exercises broader discretion affecting the daily lives of people every day and to a greater extent, in many respects, than a judge will ordinarily exercise in a week."

"No matter what coercive powers of enforcement governments may assert, the peoples in country after country in all ages have demonstrated that Man was meant to be free but that this ideal can be realized only under the rule of law. And this must be a rule that places restraints on individuals and on governments alike. This is a delicate, a fragile, balance to maintain. It is fragile because it is sustained only by an ideal that requires each person in society, by an exercise of free will, to accept and abide the restraints of a structure of laws."

"We are more casual about qualifying the people we allow to act as advocates in the courtroom than we are about licensing electricians. No other profession is as casual or heedless of reality as ours"

"The entire legal profession - lawyers, judges, law teachers - has become so mesmerized with the stimulation of the courtroom contest that we tend to forget that we ought to be healers - healers of conflicts. Doctors, in spite of astronomical medical costs, still retain a high degree of public confidence, because they are perceived as healers. Should lawyers not be healers? Healers, not warriors? Healers, not procurers? Healers, not hired guns?"

"For some disputes, trials will be the only means, but for many claims, trial by adversarial contest must go the way of the ancient trial by battle and blood. Our trials are too costly, too painful, too destructive, too inefficient for a truly civilized people."

"If I were writing the Bill of Rights now there wouldn’t be any such thing as the Second Amendment . . . . This has been the subject of one of the greatest pieces of fraud, I repeat the word fraud, on the American public by special interest groups that I have ever seen in my lifetime."

"The power of impeachment is given by this Constitution, to bring great offenders to punishment. It is calculated to bring them to punishment for crimes which it is not easy to describe, but which every one must be convinced is a high crime and misdemeanor against the government."

"It would be not only useless, but dangerous, to enumerate a number of rights which are not intended to be given up; because it would be implying, in the strongest manner, that every right not included in the exception might be impaired by the government without usurption; and it would be impossible to enumerate every one. Let any one make what collection or enumeration of rights he pleases, I will immediately mention twenty or thirty more rights not contained in it."

"Had Congress undertaken to guarantee religious freedom, or any particular species of it, they would then have had a pretense to interfere in a subject they have nothing to do with. Each state, so far as the clause in question does not interfere, must be left to the operation of its own principles."

"If any act of Congress, or of the Legislature of a state, violates those constitutional provisions, it is unquestionably void; though, I admit, that as the authority to declare it void is of a delicate and awful nature, the Court will never resort to that authority, but in a clear and urgent case. If, on the other hand, the Legislature of the Union, or the Legislature of any member of the Union, shall pass a law, within the general scope of their constitutional power, the Court cannot pronounce it to be void, merely because it is, in their judgment, contrary to the principles of natural justice. The ideas of natural justice are regulated by no fixed standard: the ablest and the purest men have differed upon the subject; and all that the Court could properly say, in such an event, would be, that the Legislature (possessed of an equal right of opinion) had passed an act which, in the opinion of the judges, was inconsistent with the abstract principles of natural justice."

"We view the path of the present administration as corroding the international standards the United States had as a negotiator, a mediator and a compromiser for good. Frankly, we lost our way. We did not allow the UN inspectors to proceed in completing their work and did not allow a vigorous international debate before the decision was made to go into Iraq. There were those of us who voted ‘No’ even based upon the overwhelming evidence that this administration tried to present. We have come to the understanding that much of what the members of Congress heard was misrepresenting and misleading. So, that counters what we have been known for in the United States and that is our diplomacy, our willingness to listen, our ability to negotiate."

"The minority must have involvement in society. You can have different cultural practices that you accept. But if you are going to adopt democracy in government, then the government itself must allow the minority to be heard."

"Four hundred years ago, ships set sail from the west coast of Africa and in the process, began one of mankind’s most inhumane practices: human bondage and slavery. For two centuries, human beings – full of hopes and fears, dreams and concerns, ambition and anguish – were transported onto ships like chattel, and the lives of many forever changed. The reverberations from this horrific series of acts – a transatlantic slave trade that touched the shores of a colony that came to be known as America, and later a democratic republic known as the United States of America – are unknown and worthy of exploration. Approximately 4,000,000 Africans and their descendants were enslaved in the United States and colonies that became the United States from 1619 to 1865."

"The institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865. American Slavery is our country’s original sin and its existence at the birth of our nation is a permanent scar on our country’s founding documents, and on the venerated authors of those documents, and it is a legacy that continued well into the last century. The framework for our country and the document to which we all take an oath describes African Americans as three-fifths a person. The infamous Dred Scott decision of the United States Supreme Court, issued just a few decades later, described slaves as private property, unworthy of citizenship. And, a civil war that produced the largest death toll of American fighters in any conflict in our history could not prevent the indignities of Jim Crow, the fire hose at lunch counters and the systemic and institutional discrimination that would follow for a century after the end of the Civil War."

"The mythology built around the Civil War—that victory by the North eradicated slavery and all of its vestiges throughout our nation—has obscured our discussions of the impact of chattel slavery and made it difficult to have a national dialogue on how to fully account for its place in American history and public policy. While it is nearly impossible to determine how the lives touched by slavery could have flourished in the absence of bondage, we have certain datum that permits us to examine how a subset of Americans – African Americans – have been affected by the callousness of involuntary servitude. We know that in almost every segment of society – education, healthcare, jobs and wealth – the inequities that persist in America are more acutely and disproportionately felt in Black America."

"Reparations are ultimately about respect and reconciliation — and the hope that one day, all Americans can walk together toward a more just future. We owe it to those who were ripped from their homes those many years ago an ocean away; we owe it to the millions of Americans- yes they were Americans – who were born into bondage, knew a life of servitude, and died anonymous deaths, as prisoners of this system. We owe it to the millions of descendants of these slaves, for they are the heirs to a society of inequities and indignities that naturally filled the vacuum after slavery was formally abolished 154 years ago. Today represents the first time in history that the House of Representatives will host a hearing on H.R. 40."

"It is perhaps fitting that the hearing occurs on the 19th of June, also known to many in this room, as Juneteenth – the day that, 154 years ago, General Gordon Granger rode into Galveston, Texas and announced the freedom of the last American slaves; belatedly freeing 250,000 slaves in Texas nearly two and a half years after Abraham Lincoln signed the Emancipation Proclamation. Juneteenth was first celebrated in the Texas state capital in 1867 under the direction of the Freedmen's Bureau. Juneteenth was and is a living symbol of freedom for people who did not have it. Today, Juneteenth remains the oldest known celebration of slavery's demise. It commemorates freedom while acknowledging the sacrifices and contributions made by courageous African Americans towards making our great nation the more conscious and accepting country that it has become."

"And let me end as I began, noting that this year is the 400th commemoration of the 1619 arrival of the first captive Africans in English North America, at Point Comfort, Virginia. With those dates as bookends to today’s hearing, let us proceed with the cause of this morning with a full heart, with the knowledge that this work will take time and trust. Let us also do so with the spirit of reconciliation and understanding that this bill represents.”"

"It would be almost unbelievable, if history did not record the tragic fact, that men have gone to war and cut each other's throats because they could not agree as to what was to become of them after their throats were cut."

"To say I removes a false impression of a Jovian aloofness."

"The test of the moral quality of a civilization is its treatment of the weak and powerless."

"(1) If a convicted man has the money to pay the docket fee and for a transcript of the proceedings at his trial, the upper federal court, by at least reading the transcript, will ascertain whether or not there was reversible error at the trial, or whether or not there was such a lack of evidence that the defendant is entitled to a new trial or a dismissal of the indictment. (2) If, however, the defendant is so destitute that he cannot pay the docket fee, and if the trial judge has signed a certificate of 'bad faith,' then although a reading of the transcript shows clear reversible errors, the federal appellate court is powerless to hear the appeal and thus to rectify the errors; and even if the defendant has money enough to pay the docket fee but not enough for a transcript, the upper court usually has no way of determining whether there were such errors, must therefore assume there were none, and must accordingly refuse to consider his appeal. As a consequence, a poor man erroneously convicted-- e.g., where there was insufficient proof of his guilt--must go to prison and stay there. In such a situation-- i.e., where the upper court, if it had the transcript before it, would surely reverse for insufficiency of the evidence or on some other ground, but cannot do so solely because the defendant cannot pay for a transcript-- the result is this: He is punished because he is guilty of the crime of being poor (more or less on the principle, openly avowed in Erewhon only, that one who suffers misfortunes deserves criminal punishment)."

"True, no man can be wholly apart from his fellows. But, if each of us is a promontory, yet the promontory reaches out beyond the social mainland to a point where others cannot intrude. Beyond that point lies an unexplorable lonesomeness, a unique privacy. It is a no-other-man's land, for others can't penetrate it, can't communicate with it."

"Increasingly constructive doubt is the sign of advancing civilization. We must put question marks along many of our inherited legal dogmas, since they are dangerously out of line with social facts."

"Every lawyer of experience comes to know (more or less unconsciously) that in the great majority of cases, the precedents are none too good as bases of prediction. Somehow or other, there are plenty of precedents to go around."

"To the somnambulist, sleep-walking may seem more pleasant and less hazardous than wakeful walking, but the latter is the wiser mode of locomotion in the congested traffic of a modern community. It is about time to abandon judicial somnambulism."

"Only a very foolish lawyer will dare guess the outcome of a jury trial."

"One of Judge Jerome Frank's law clerks objected to the length of one of his opinions. He spent all of a week and finally cut it down from sixty-five pages to one-half page. He left both on Judge Frank's desk without comment. The following morning Judge Frank rushed into his clerk's office and shouted, 'Bully for you,' displaying the clerk's work, 'we'll add it to the end'."

"One of the uses of history is to free us of a falsely imagined past. The less we know of how ideas actually took root and grew, the more apt we are to accept them unquestioningly, as inevitable features of the world in which we move. One reason for the stifling solidity of received opinion about antitrust, why counterargument makes so little headway, is that most of us accept our first principles and even our intermediate premises uncritically, as given, because we assume that they were established theoretically and confirmed empirically by legislatures and judges long ago. Discussion begins from there."

"The truth is that the judge who looks outside the historic Consitution always looks inside himself and nowhere else."

"By 1954, when Brown came up for decision, it had been apparent for some time that segregation rarely if ever produced equality. Quite aside from any question of psychology, the physical facilities provided for blacks were not as good as those provided for whites. That had been demonstrated in a long series of cases . . . The Court's realistic choice, therefore, was either to abandon the quest for equality by allowing segregation or to forbid segregation in order to achieve equality. There was no third choice. Either choice would violate one aspect of the original understanding, but there was no possibility of avoiding that. Since equality and segregation were mutually inconsistent, though the ratifiers did not understand that, both could not be honored. When that is seen, it is obvious the Court must choose equality and prohibit state-imposed segregation. The purpose that brought the fourteenth amendment into being was equality before the law, and equality, not separation, was written into the law."

"Laurence Tribe's constitutional theory is difficult to describe, for it is protean and takes whatever form is necessary at the moment to reach a desired result."

"[The] National Rifle Association is always arguing that the Second Amendment determines the right to bear arms. But I think it really is the people's right to bear arms in a militia. The NRA thinks it protects their right to have Teflon-coated bullets. But that's not the original understanding."

"The American press is extraordinarily free and vigorous, as it should be. It should be, not because it is free of inaccuracy, oversimplification and bias, but because the alternative to that freedom is worse than those failings."

"I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself."

"Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is—and is often the only—protector of the individual rights that are the heart of our democracy ... President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice."

"I believe I have the rights that I have not because the government gave it to me, which you believe, but because I’m just a child of God; I exist."

"I have been appointed by the Convention of the State of Georgia, to present to this Convention, the ordinance of secession of Georgia, and further, to invite Virginia, through this Convention to join Georgia and the other seceded States in the formation of a Southern Confederacy. This, sir, is the whole extent of my mission. 1 have no power to make promises, none to receive promises; no power to bind at all in any respect. But still, sir, it has seemed to me that a proper respect for this Convention requires that I should with some fulness and particularity, exhibit before the Convention the reasons which have induced Georgia to take that important step of secession, and then to lay before the Convention some facts and considerations in favor of the acceptance of the invitation by Virginia. With your permission then, sit, I will pursue this course."

"What was the reason that induced Georgia to take the step of secession? This reason may be summed up in one single proposition. It was a conviction, a deep conviction on the part of Georgia, that a separation from the North-was the only thing that could prevent the abolition of her slavery. This conviction, sir, was the main cause. It is true, sir, that the effect of this conviction was strengthened by a further conviction that such a separation would be the best remedy for the fugitive slave evil, and also the best, if not the only remedy, for the territorial evil. But, doubtless, if it had not been for the first conviction this step would never have been taken. It therefore becomes important to inquire whether this conviction was well founded."

"Is it true, then, that unless there had been a separation from the North, slavery would be abolished in Georgia? I address myself to the proofs of that case."

"In the first place, I say that the North hates slavery, and, in using that expression I speak wittingly. In saying that the Black Republican party of the North hates slavery, I speak intentionally. If there is a doubt upon that question in the mind of any one who listens to me, a few of the multitude of proofs which could fill this room, would, I think, be sufficient to satisfy him. I beg to refer to a few of the proofs that are so abundant; and the first that I shall adduce consists in two extracts from a speech of Lincoln's, made in October 1858. They are as follows: 'I have always hated slavery as much as any abolitionist; I have always been an old line Whig; I have always hated it and I always believed it in the course of ultimate extinction, and if I were in Congress and a vote should come up on the question, whether slavery should be excluded from the territory, in spite of the Dred Scott decision, I would vote that it should.'"

"These are pregnant statements; they avow a sentiment, a political principle of action, a sentiment of hatred to slavery as extreme as hatred can exist. The political principle here avowed is, that his action against slavery is not to be restrained by the Constitution of the United States, as interpreted by the Supreme Court of the United States. I say, if you can find any degree of hatred greater than that, I should like to see it. This is the sentiment of the chosen leader of the Black Republican party; and can you doubt that it is not entertained by every solitary member of that same party? You cannot, I think. He is a representative man; his sentiments are the sentiments of his party; his principles of political action are the principles of political action of his party. I say, then; it is true, at least, that the Republican party of the North hates slavery."

"The Republican party is the permanent, dominant party at the North, and it is vain to think that you can put it down. It is true that the Republican party hates slavery, and that it is to be the permanent, dominant party at the North; and the majority being equivalent to the whole, as I have already stated, we cannot doubt the result."

"Is it true that the North hates slavery? My next proposition is that in the past the North has invariably exerted against slavery, all the power which it had at the time. The question merely was what was the amount of power it had to exert against it. They abolished slavery in that magnificent empire which you presented to the North; they abolished slavery in every Northern State, one after another; they abolished slavery in all the territory above the line of 36 30, which comprised about one million square miles. They have endeavored to put the Wilmot Proviso upon all the other territories of the Union, and they succeeded in putting it upon the territories of Oregon and Washington. They have taken from slavery all the conquests of the Mexican war, and appropriated it all to anti-slavery purposes; and if one of our fugitives escapes into the territories, they do all they can to make a free man of him; they maltreat his pursuers, and sometimes murder them. They make raids into your territory with a view to raise insurrection, with a view to destroy and murder indiscriminately all classes, ages and sexes, and when the base perpetrators are caught and brought to punishment, condign punishment, half the north go into mourning. If some of the perpetrators escape, they are shielded by the authorities of these Northern States-not by an irresponsible mob, but ,by the regularly organized authorities of the States."

"My next proposition is, that we have a right to argue from the past to the future and to say, that if in the past the North has done this, in the future, if it shall acquire the power to abolish slavery, it will do it."

"My next proposition is that the North is in the course of acquiring this power to abolish slavery. Is that true? I say, gentlemen, the North is acquiring that power by two processes, one of which is operating with great rapidity-that is by the admission of new States. The public territory is capable of forming from twenty to thirty States of larger size than the average of the States now in the Union. The public territory is peculiarly Northern territory, and every State that comes into the Union will be a free State. We may rest assured, sit, that that is a fixed fact. The events in Kansas should satisfy every one of the truth of that. If causes now in operation are allowed to continue, the admission of new States will go on until a sufficient number shall have been secured to give the necessary preponderance to change the Constitution. There is a process going on by which some of our own slave States are becoming free States already. It is true, that in some of the slave States the slave population is actually on the decrease, and, I believe it is true of all of them that it is relatively to the white population on the decrease. The census shows that slaves are decreasing in Delaware and Maryland; and it shows that in the other States in the same parallel, the relative state of the decrease and increase is against the slave population. It is not wonderful that this should be so. The anti-slavery feeling has got to be so great at the North that the owners of slave property in these States have a presentiment that it is a doomed institution, and the instincts of self-interest impels them to get rid of that property which is doomed. The consequence is, that it will go down lower and. lower, until it all gets to the Cotton States-until it gets to the bottom. There is the weight of a continent upon it forcing it down. Now, I say, sir, that under this weight it is bound to go down unto the Cotton States, one of which I have the honor to represent here. When that time comes, sir, the free States in consequence of the manifest decrease, will urge the process with additional vigor, and I fear that the day is not distant when the Cotton States, as they are called, will be the only slave States. When that time comes, the time will have arrived when the North will have the power to amend the Constitution, and say that slavery shall be abolished, and if the master refuses to yield to this policy, he shall doubtless be hung for his disobedience."

"If things are allowed to go on as they are, it is certain that slavery is to be abolished except in Georgia and the other cotton States, and I doubt, ultimately in these States also. By the time the North shall have attained the power, the black race will be in a large majority, and then we will have black governors, black legislatures, black juries, black everything. Is it to be supposed that the white race will stand for that? It is not a supposable case. War will break out everywhere like hidden fire from the earth. We will be overpowered and our men will be compelled to wander like vagabonds all over the earth, and as for our women, the horrors of their state we cannot contemplate in imagination. We will be completely exterminated, and the land will be left in the possession of the blacks, and then it will go back to a wilderness and become another Africa or Saint Domingo. Join the north and what will become of you? They will hate you and your institutions as much as they do now, and treat you accordingly. Suppose they elevated Charles Sumner to the presidency? Suppose they elevated Fred Douglass, your escaped slave, to the presidency? What would be your position in such an event? I say give me pestilence and famine sooner than that."

"The majority according to the Northern idea, which will then be the all-pervading, all powerful one, have the right to control. It will be in keeping particularly with the principles of the abolitionists that the majority, no matter of what, shall rule. Is it to be supposed that the white race will stand that? It is not a supposable case. Although not half so numerous, we may readily assume that war will break out everywhere like hidden fire from the earth, and it is probable that the white race, being superior in every respect, may push the other back. They will then call upon the authorities at Washington, to aid them in putting down servile insurrection, and they will send a standing army down upon us, and the volunteers and Wide-Awakes will come in thousands, and we will be overpowered and our men will be compelled to wander like vagabonds all over the earth; and as for our women, the horrors of their state we cannot contemplate in imagination. That is the fate which Abolition will bring upon the white race."

"We will be completely exterminated, and the land will be left in the possession of the blacks, and then it will go back into a wilderness and become another Africa or St. Domingo."

"Benning was a horror show, a fierce advocate for slavery and an ardent secessionist... The only thing in Benning's favor is that he fought hard."

"We do not have a belief, in my way of looking at religion, that says we have to discriminate against anybody,” he said, noting that Jesus Christ reached out to the social outcasts of his time. “If you were to apply those standards to the teaching of Jesus, I don’t think they fit."

"I do not think we have to discriminate against anyone to protect the faith based community in Georgia of which my family and I are a part of for all of our lives."

"This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear. If it prevails, it may become a model for action, in other areas, by other states and with respect to other constitutional rights and judicial precedents"

"The extraordinary circumstances here require the appointment of a special counsel for this matter. This appointment underscores for the public the department’s commitment to independence and accountability."

"The role of the court is to apply law to the facts of the case before it … not to legislate, not to arrogate to itself the executive power, not to hand down advisory opinion on the issues of the day."

"The constitution sets all three branches out as co-equal. The obligation of the judicial branch — as far back as the decision in Marbury v. Madison — is to review the constitutionality and legality of actions by the other branches. And that is its only job, to decide cases and controversies in front of it under article three."

"Well, of course I have great personal affection for the justice for whom I clerked, Justice Brennan."

"I would say the one for which — the most admiration, is the one I just mentioned, Justice John Marshall, Chief Justice John Marshall who decided Marbury v. Madison and so deciding established that the constitution is the supreme law of the land."

"Everybody, I think, who hopes to become a judge would aspire to be able to write as well as Justice Oliver Wendell Holmes. None are going to be able to attain that. But I’ll try at least — if confirmed to be as brief and pithy as he is."

"The great joy of being a prosecutor is that you don’t take whatever case walks in the door. You evaluate the case, you make your best judgement, you only go forward if you believe that the defendant is guilty. You may well be wrong, but you have done your best to ensure that as far as the evidence that you are able to attain, the person is guilty. It is the kind of even-handed balancing that a judge should undertake although of course a judge has the advantage of having somebody speak for the other side."

"I think there is no greater job anybody can have than having been a prosecutor."

"Because nothing has transpired in the last half-century to suggest that the national interest in public disclosure of lobbying information is any less vital than it was when the Supreme Court first considered the issue, we reject that challenge."

"If the CIA is the emperor, you're asking us to say the emperor has clothes when the emperor's bosses say that the emperor doesn't. I mean, how can you ask the court to say that at this point?"

"The CIA asked the courts to stretch that doctrine too far—to give their imprimatur to a fiction of deniability that no reasonable person would regard as plausible."

"But when I asked myself, as I often do: 'What would Judge Friendly have done?'"

"They tell you in Washington, that if you want a friend get a dog. Harry Truman said that. That is not true. Get a family. This is a hard place to be. No matter how much honor you have, people will attack you one way or the other. And the principle solace that you get is from your family. Because they’re behind you no matter what happens. So never forget about that. Whatever interests you have in your career, you have to balance it with a deep relationship with your family."

"The hard things are when you have to make your friends disappointed because you think you’re required, for example, by the law to do something that maybe is different than what you would do as a matter of public policy."

"For myself the balance came from always driving my children to school. So that every day we had that first half-hour, 45 minutes of nothing but uninterrupted time. Sometimes it was just a bunch of sarcasm. Sometimes it was just listening to the radio. But sometimes it was real explanation of what the kids were thinking what they were worried about."

"The most important thing that a clerk can do for a judge, I tell my clerks, is to prevent me from jumping off the cliff if I don’t want to. That is, sometimes I don’t realize there’s a cliff there at all, that the implications of what I’m doing are really totally wrong, and that sometimes it takes another person or two other people to warn me that you’re just not reading this case correctly, or you’re just not understanding the implications of what a decision in this way would be.”"

"As my parents taught me by both words and deeds, a life of public service is as much a gift to the person who serves as it is to those he is serving. And for me, there could be no higher public service than serving as a member of the United States Supreme Court."

"Trust that justice will be done in our courts without prejudice or partisanship is what, in a large part, distinguishes this country from others."

"People must be confident that a judge’s decisions are determined by the law, and only the law."

"For a judge to be worthy of such trust, he or she must be faithful to the Constitution and to the statutes passed by the Congress. He or she must put aside his personal views or preferences, and follow the law -- not make it."

"Fidelity to the Constitution and the law has been the cornerstone of my professional life, and it’s the hallmark of the kind of judge I have tried to be for the past 18 years. If the Senate sees fit to confirm me to the position for which I have been nominated today, I promise to continue on that course."

"This is the greatest honor of my life, other than Lynn agreeing to marry me 28 years ago. It's also the greatest gift I have ever received except, and there's another caveat, the birth of our daughters."

"As we begin a new year — and as we prepare to mark a solemn anniversary tomorrow – it is a fitting time to reaffirm that we at the Department of Justice will do everything in our power to defend the American people and American democracy. We will defend our democratic institutions from attack. We will protect those who serve the public from violence and threats of violence. We will protect the cornerstone of our democracy: the right to every eligible citizen to cast a vote that counts. And we will do all of this in a manner that adheres to the rule of law and honors our obligation to protect the civil rights and civil liberties of everyone in this country."

"The Justice Department remains committed to holding all January 6th perpetrators, at any level, accountable under law — whether they were present that day or were otherwise criminally responsible for the assault on our democracy. We will follow the facts wherever they lead. Because January 6th was an unprecedented attack on the seat of our democracy, we understand that there is broad public interest in our investigation. We understand that there are questions about how long the investigation will take, and about what exactly we are doing. Our answer is, and will continue to be, the same answer we would give with respect to any ongoing investigation: as long as it takes and whatever it takes for justice to be done — consistent with the facts and the law."

"Since I became attorney general, I have made clear that the Department of Justice will speak through its court filings and its work. Just now, the Justice Department has filed a motion in the Southern District of Florida to unseal a search warrant and property receipt relating to a court approved search that the FBI conducted earlier this week. That search was a premises located in Florida, belonging to the former president. The department did not make any public statements on the day of the search. The former president publicly confirmed the search that evening, as is his right. Copies of both the warrant and the FBI property receipt were provided on the day of the search to the former president's counsel, who was on site during the search. The search warrant was authorized by a federal court upon the required finding of probable cause. The property receipt is a document that federal law requires law enforcement agents to leave with the property owner. The department filed the motion to make public the warrant and receipt in light of the former president's public confirmation with the search, the surrounding circumstances and the substantial public interest in this matter."

"Faithful adherence to the rule of law is the bedrock principle of the Justice Department and of our democracy. Upholding the rule of law means applying the law evenly, without fear or favor. Under my watch, that is precisely what the Justice Department is doing. All Americans are entitled to the even handed application of the law, to due process of the law, and to the presumption of innocence. Much of our work is by necessity conducted out of the public eye. We do that to protect the constitutional rights of all Americans and to protect the integrity of our investigations. Federal law, long standing department rules and our ethical obligations prevent me from providing further details as to the basis of the search at this time. There are however, certain points I want you to know. First, I personally approved the decision to seek a search warrant in this matter. Second, the department does not take such a decision lightly. Where possible, it is standard practice to seek less intrusive means as an alternative to a search, and to narrowly scope any search that is undertaken. Third, let me address recent unfounded attacks on the professionalism of the FBI and Justice Department agents and prosecutors. I will not stand by silently when their integrity is unfairly attacked. The men and women of the FBI and the Justice Department are dedicated, patriotic public servants. Every day, they protect the American people from violent crime, terrorism and other threats to their safety, while safeguarding our civil rights. They do so at great personal sacrifice and risk to themselves. I am honored to work alongside them. This is all I can say right now. More information will be made available in the appropriate way and at the appropriate time."

"I want to provide clarity about what the job of the Justice Department is, and what it is not. Our job is to help keep our country safe. That includes working closely with local police departments and communities across the country to combat violent crime. In fact, today we are announcing the results of a recent U.S. Marshals operation conducted with state and local law enforcement. That operation targeted violent fugitives and resulted in 4,400 arrests across 20 cities in just three months. Our work also includes combating the drug cartels that are poisoning Americans. Last Friday, we extradited Ovidio Guzman Lopez, a leader of the Sinaloa Cartel, from Mexico to the United States. He is the son of El Chapo and one of more than a dozen cartel [leaders] we have indicted and extradited to the United States. Our job includes seeking justice for the survivors of child exploitation, human smuggling, and sex trafficking. And it includes protecting democratic institutions — like this one — by holding accountable all those criminally responsible for the January 6 attack on the Capitol. Our job is also to protect civil rights. That includes protecting our freedoms as Americans to worship and think as we please, and to peacefully express our opinions, our beliefs, and our ideas. It includes protecting the right of every eligible citizen to vote and to have that vote counted. It includes combating discrimination, defending reproductive rights under law, and deterring and prosecuting attacks, such as hate crimes. And our job is to uphold the rule of law. That means that we apply the same laws to everyone. There is not one set of laws for the powerful and another for the powerless; one for the rich, and one for the poor; one for Democrats, another for Republicans; or different rules, depending upon one’s race or ethnicity or religion."

"Our job is to pursue justice, without fear or favor. Our job is not to do what is politically convenient. Our job is not to take orders from the President, from Congress, or from anyone else, about who or what to criminally investigate. As the President himself has said, and I reaffirm today: I am not the President’s lawyer. I will also add I am not Congress’s prosecutor. The Justice Department works for the American people. Our job is to follow the facts and the law. And that is what we do. All of us recognize that with this work comes public scrutiny, criticism, and legitimate oversight. These are appropriate and important given the matters and the gravity of the matters before the Department. But singling out individual career public servants who are just doing their jobs is dangerous — particularly at a time of increased threats to the safety of public servants and their families. We will not be intimidated. We will do our jobs free from outside influence. And we will not back down from defending our democracy."

"Merrick is a very very smart and experienced attorney, but has a demeanor that is very soft spoken and considerate."

"I consider [Garland] a moderate and thoughtful and excellent judge."

"Judge Garland has a reputation for integrity."

"Mr. Garland seems to be well qualified and would probably make a good judge -- in some other court."

"I know him personally, I know of his integrity, I know of his legal ability, I know of his honesty, I know of his acumen, and he belongs on the court."

"President Obama and his allies may now try to pretend this disagreement is about a person. The decision the Senate announced weeks ago remains about a principle, not a person."

"Any time Judge Garland disagrees, you know you’re in a difficult area."

"By all accounts, he is a fine person and an able lawyer. He does have a very good job with the U.S. Department of Justice."

"Chief Judge Garland is a brilliant jurist who believes in and upholds the rule of law undergirding our constitutional republic."

"I have no doubt that Mr. Garland is a man of character and integrity."

"MADDOW: Do you have confidence in the Attorney General Garland`s judgment, and to his commitments, to finding a way to meeting the challenge this lawsuit"

"TRIBE: Very much. I`ve known him for years. He was my student. I know a lot of people would like him to move more quickly. I get impatient myself sometimes, and I haven`t been easy on him."

"I have very high regard for his intellect and his decency."

"The central problem with Chicago's ordinance is that it describes permissible picketing in terms of its subject matter. Peaceful picketing on the subject of a school's labor-management dispute is permitted, but all other peaceful picketing is prohibited. The operative distinction is the message on a picket sign. But, above all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content. [Citations.] To permit the continued building of our politics and culture, and to assure self-fulfillment for each individual, our people are guaranteed the right to express any thought, free from government censorship. The essence of this forbidden censorship is content control. Any restriction on expressive activity because of its content would completely undercut the '"profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open." New York Times Co. v. Sullivan, supra, at 376 U. S. 270."

"At a time in our history when the streets of the Nation's cities inspire fear and despair, rather than pride and hope, it is difficult to maintain objectivity and concern for our fellow citizens. But, the measure of a country's greatness is its ability to retain compassion in time of crisis. No nation in the recorded history of man has a greater tradition of revering justice and fair treatment for all its citizens in times of turmoil, confusion, and tension than ours. This is a country which stands tallest in troubled times, a country that clings to fundamental principles, cherishes its constitutional heritage, and rejects simple solutions that compromise the values that lie at the roots of our democratic system."

"When the prison gates slam behind an inmate, he does not lose his human quality; his mind does not become closed to ideas; his intellect does not cease to feed on a free and open interchange of opinions; his yearning for self-respect does not end; nor is his quest for self-realization concluded. If anything, the needs for identity and self-respect are more compelling in the dehumanizing prison environment."

"The experience of Negroes in America has been different in kind, not just in degree, from that of other ethnic groups. It is not merely the history of slavery alone, but also that a whole people were marked as inferior by the law. And that mark has endured."

"History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure. The World War II relocation-camp cases, Hirabayashi v. United States, 320 U.S. 81 (1943); Korematsu v. United States, 323 U.S. 214 (1944), and the Red scare and McCarthy-era internal subversion cases, Schenck v. United States, 249 U.S. 47 (1919); Dennis v. United States, 341 U.S. 494 (1951), are only the most extreme reminders that when we allow fundamental freedoms to be sacrificed in the name of real or perceived exigency, we invariably come to regret it."

"I do not believe that the meaning of the Constitution was forever “fixed” at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the Framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today. When contemporary Americans cite “The Constitution,” they invoke a concept that is vastly different from what the Framers barely began to construct two centuries ago."

"America must get to work. In the chilled climate in which we live, we must go against the prevailing winds. We must dissent from the indifference. We must dissent from the apathy. We must dissent from the fear, the hatred, and the mistrust. We must dissent from a nation that buried its head in the sand waiting in vain for the needs of its poor, its elderly, and its sick to disappear and just blow away. We must dissent from a government that has left its young without jobs, education, or hope. We must dissent from the poverty of vision and timeless absence of moral leadership. We must dissent, because America can do better, because America has no choice but to do better."

"The legal system can force open doors, and sometimes-even knock down walls, but it cannot build bridges. That job belongs to you and me. The country can't do it. Afro and White, rich and poor, educated and illiterate, our fates are bound together. We can run from each other, but we cannot escape each other. We will only attain freedom if we learn to appreciate what is different, and muster the courage to discover what is fundamentally the same. America's diversity offers so much richness and opportunity. Take a chance, won't you? Knock down the fences, which divide. Tear apart the walls that imprison you. Reach out. Freedom lies just on the other side. We shall have liberty for all."

"There's no difference between a white snake and a black snake. They'll both bite."

"You do what you think is right and let the law catch up."

"The effects of the Framers' compromise have remained for generations. They arose from the contradiction between guaranteeing liberty and justice to all, and denying both to Negroes."

"One fact lay embedded in the center of the Clarence Thomas controversy: We have lost a great American jurist, Thurgood Marshall. No one can replace him. The very thought of replacing him insults the brilliance of his career and the exceptional humanity of his intelligence as he reflected upon our most extreme and consequential public debates. And yet someone new had to be appointed to take his seat. The President made his move. He nominated a man as different from Marshall as George Bush differs from Mahatma Gandhi."

"The case [Jones v. North Carolina Prisoners' Union] ended up in front of the Supreme Court, which ultimately reversed the decision and set a devastating precedent that, even under the First Amendment, prisoners have no legal right to join a union. To his credit, Justice Thurgood Marshall dissented, writing, "The Court, in apparent fear of a prison reform organization that has the temerity to call itself a 'union,' takes a giant step backwards toward that discredited conception of prisoners' rights and the role of the courts." It was cold comfort. Marshall's doomsaying analysis of the case's potential fallout was correct."

"Justices William Brennan and Thurgood Marshall were the last of the Court's liberals."

"I have no hesitation in applying a law regardless of what I might think about it; I think any good judge recognizes his or her place in our constitutional government, and that place is not to upset the will of the people as expressed through their elected representatives. So, I do not have any compunction about following the law as written by Congress."

"Quite honestly, we get one new civil case every business day of the year. We spend so much of our time reading the law and interpreting the law, that that does not leave much time for consideration of whether the law is prudent or might be written in a better way. I spend all of my time, with the assistance of my law clerks, trying to read the law and interpret it and apply it to the facts presented in any particular case. So I cannot say that I have spent much time at all considering the propriety of the laws that I have had occasion to interpret."

"It has helped me keep in mind all times that not all lawyers always work in the best interests of their clients. It is a very delicate situation. If a lawyer does not appear to the judge to be working in the best interest of the clients, I think the way to deal with that is to have hearings on the record and hope that the parties might appear.Sometimes from the bench, or sometimes in a conference on the record, the court is in a position to give guidance that not only is for the ears of the attorney, but may also be for the ears of the litigant, him or herself."

"The Founders also recognized, I think necessarily and certainly at the time, that people with Government service who had served in the legislative branch or served in the executive branch would become judges--Chief Justice Marshall, for example--would have backgrounds that involved Government service or political service. But they also had confidence in the ability of people in our system, once they became judges and put on the black robes, to decide cases fairly and impartially. And that's the way that system has worked for more than two centuries. And I know there has been some discussion about that, but that's the way the system has worked in terms of deciding cases fairly and impartially and not based on political of personal views."

"There is one kind of judge. There is an independent judge under our Constitution. And the fact that they may have been a Republican or Democrat or an independent in a past life is completely irrelevant to how they conduct themselves as judges. And I think two centuries of experience has shown us that that ideal which the Founders established can be realized and has been realized and will continue to be realized."

"People sometimes ask what prior legal experience has been most useful for me as a judge. And I say, “I certainly draw on all of them,” but I also say that my five-and-a-half years at the White House and especially my three years as staff secretary for President George W. Bush were the most interesting and informative for me."

"Yes, we drank beer, my friends and I, boys and girls. Yes, we drank beer. I liked beer, still like beer. We drank beer. The drinking age, as I noted, so the seniors were legal. Senior year in high school, people were legal to drink. And we—yes, we drank beer. And I said sometimes—sometimes probably had too many beers, and sometimes other people had too many beers. We drank beer. We liked beer."

"Gay and lesbian Americans cannot be treated as social outcasts or as inferior in dignity and worth."

"Kavanaugh's nomination was well-received on campus. "Certainly it’s a feather in their cap," Kevin Dowd, Kavanaugh's high school basketball coach, told The New York Times. "I just hope they don’t get carried away and raise tuition.""

"There is a reason Thursday’s Senate Committee hearing will be short and feature only two witnesses, the Supreme Court nominee Judge Brett Kavanaugh and his accuser Christine Blasey Ford. Republicans have designed the hearing to end in a "he said, she said" stalemate. No matter how credible Dr. Blasey is, isolating her as a lone accuser is the most effective political strategy for confirming Judge Kavanaugh."

"Dr. Blasey is not a lone accuser. Since her account was first published by The Washington Post on Sept. 16, considerable corroborating evidence has emerged, but none of it will be properly examined at Thursday’s hearing. Besides Julie Swetnick, Deborah Ramirez has accused Judge Kavanaugh of exposing himself and touching her while they were both students at Yale. This week four people who know Dr. Blasey, including her husband, signed affidavits and submitted them to the Judiciary Committee saying she told them about being sexually assaulted by Judge Kavanaugh before he was nominated by President Trump. Their statements provide important corroboration, and if the Senate was really interested in learning the truth, these people would be called to testify."

"[On the Senate Judiciary Committee hearings following his nomination as an Associate Justice of the Supreme Court.] Kavanaugh’s testimony, by contrast, was hideous to watch. He lurched between tears and anger, and lied repeatedly about his youthful drinking habits, prompting other classmates to contradict his claims. He appears to have lied about the meaning of vulgar in-jokes in his yearbook (a "devil’s triangle", he said, was a drinking game, rather than the accepted definition of a threesome involving two men and a woman). He was partisan and conspiratorial, blaming "the Clintons". The Republican Party successfully framed the hearings as a trial where the highest standard of proof should be demanded, rather than a job interview to find the best candidate. (At no point does anyone seriously seem to have made the argument that Kavanaugh is America’s finest available legal brain.) Nonetheless, I felt uneasy watching him sob and sniffle; it reminded me of the way in which rape complainants feel their characters are picked apart for credibility. A man can be an entitled, drunken, obnoxious misogynist and still not be a rapist. All the hearings proved to me is that hyperpartisan political spaces are no place to ascertain the truth about sexual assault."

"Survivors, I believe you. Because I am you. #BelieveSurivors #StopKavanaugh #timesup ✊🏽✊🏽✊🏽"

"The judiciary has a profound and humble, but vitally important role in interpreting the law and following the law, and putting aside personal beliefs and ensuring that the law has been faithfully executed, according to the real lawmaker, which is the legislature, or in the event of an interpretation of our highest law, the Constitution, by virtue of the people themselves."

"I don’t particularly like the term "States' rights." I can’t say I’ve totally avoided it in my political career. But much more often than not, I refer to federalism. I believe in a balance of Federal and State power. I’ve expressed that perspective on a number of my writings and speeches."

"I have said that this Nation as founded on a Christian perspective of the nature of man, that we derive our rights from God and not from government. And part of that perspective is that every individual enjoys human rights without regard to what the majority wants. Every individual enjoys human rights, like religious freedom and freedom of conscience, including the freedom not to worship. That is what I have said. That’s what I believe in. That goes to the core of what I believe in. It is, I believe, the perspective of the American form of government, and I have been faithful in my record as Attorney General in defending the Constitution when it comes to issues like religious freedom."

"I considered Roe to be the abomination because it involves abortion, involves, from my perspective, the killing of innocent, unborn children."

"Most proponents of a mandatory retirement age or term limits claim that we should amend the Constitution in order to alleviate the problems associated with life tenure. Their proposals implicitly reject an incentives approach to retirement because they assume that Justices will not act rationally in response to institutional modifications. In other words, both proposals are not only radical in their scope and represent substantial constitutional change, but they also rely on the remarkable proposition that Justices are fundamentally different from the rest of us in the way they approach economic decisions. There is little evidence to commend this view, and there is considerable empirical research to the contrary that supports Judge Posner’s thesis that Justices maximize the same thing everybody else does: their own utility.11 Put simply, legal scholars have not thought creatively about life tenure, shunning promising interdisciplinary approaches in favor of drastic constitutional change."

"The proponents of a mandatory retirement age and term limits have underestimated the degree to which the rational actor model applies to Justices. In making many decisions, as the empirical evidence demonstrates, Justices attempt to maximize their own preferences, whether based on policy considerations or other factors. The retirement decision is no exception. Scholars who dispute the applicability of the rational actor model to Justices have either not focused on the persuasive empirical evidence advanced by political scientists or have failed to consider all of the variables that touch upon judicial utility."

"I am proud of what I have accomplished, especially while serving as chief justice, at the time I joined the court, it was marked by acrimony. When I became chief justice, we proved that good people who may differ in their opinions can come together and accomplish important things for the people we serve – and we do it amicably."

"I have served on the Court with Bob Young for more than twenty years and there is no Justice who has brought a greater intellect, work ethic, and conscientious commitment to his judicial responsibilities than Bob Young. He has left an extraordinary legacy with regard to the work of the Court and the operation of a fair and responsible justice system in Michigan. In particular, Bob Young’s leadership as Chief Justice of this Court has been of lasting significance in rendering the judiciary of our state leaner, more efficient and accountable, and better focused upon serving "we the people" of Michigan. His impact in furthering the equal rule of law in Michigan will be felt for many years to come."

"I am often asked what it was like to be a woman clerking for Justice Scalia. “Much like being a man clerking for him” is my easy answer. Justice Scalia believed in one simple principle: That law came to the court as an is not an ought. Statutes, cases and the Constitution were to be read for what they said, not for what the judges wished they would say. Each of his opinions needed to conform to that principle and to be written clearly, forcefully and accurately. If you could help him with that, you were useful to him. If not, then not. When we were working, we sometimes joked that he could not even remember our names."

"My job is to faithfully interpret the work of the Legislature and to try and communicate to our judgments as clearly as possible, I never signed on for the job of philosopher king, If I thought I was any good at crafting policy, I would be in a different branch of government."

"Honestly, I love this job — that’s not even some talking point. I love this job, and I want to keep this job. My kids are in school here in Michigan, and my family is here in Michigan."

"For me, that aspect of my job has been tremendously rewarding. My colleagues are brilliant people with wide-ranging and impressive backgrounds. Sometimes we approach issues from quite different perspectives, or with different priorities or values in mind. Yet we always listen to each other, and our conferences are marked by vibrant debate and discussion. Our commitment to this process, in my view, is the principal mechanism for assuring that we will reach the right decision as often as possible."

"The case for originalism is quite different. It is that in our system of government, written laws (statutes and constitutional provisions) are supposed to provide stable rules around which society can organize itself. Such rules are presumed to remain in place until amended or repealed by the people. Originalism is aimed at preserving the laws enacted by the people or their representatives, and at preserving stability and predictability in our legal system."

"Clearly, there are limits on the Executive power. There are limits on the Commander-in-Chief power. Youngstown Sheet and Tube tells us that. That was a case where the President issued an Executive Order to seize steel mills, cited exigent circumstances related to the Korean War. The Supreme Court stepped forward and said no, you can't do that. That is a clear example of courts doing, I think, what the Senator described. How does a court go about that? I think that certainly as a court of appeals judge, you start with the Constitution itself. You go to Supreme Court precedent, which is obviously binding on any court of appeals. You look to the prior precedents of one's own circuit, which would be binding as well. The decisionmaking can also be informed by precedents from other circuits. I think you look at those things, and you try to reach a lawful result, which is precisely that and which is not a result which is driven by passion or considerations of the moment. That is why judges have life tenure."

"I think that the best judges are the ones that seek to apply precedent in good faith. I think most judges do that. But that is something that has to be done in good faith without skewing the precedent one way or the other. At the same time, there has to be a respect for the work of the district courts and not take an ivory tower approach to the review of what happens there. Those judges are the ones that see the people before them. They see the witnesses. The court of appeals just has a cold paper record. I think there has to be a reasonable level of deference given to the judgments of the Article III judge who has the trial before him. And with respect to all of one's colleagues in the judicial system, I think it is very important for a judge to have almost an irrebuttable presumption that every other judge who has looked at a particular issue was doing his or her best to discharge his or her oath just as well as I might be if I am fortunate enough to be confirmed."

"The Civil Rights Act of 1997 is simple, direct, and clear: it prohibits federal government discrimination and preferences on the basis of race and sex. Most of the arguments against this legislation are anything but simple, direct, and clear; they do not specifically address the simple issue of whether federal government preferences on the basis or race and sex are wise policies consistent with American legal and moral principles."

"When the government grants preferences on the basis of race, it teaches the people that discrimination is acceptable. Our laws must reflect the principle that the government discrimination on the basis of race or sex is not to be tolerated. Americans look to our government to exemplify what is right and just. So long as the federal government recognizes people as unequal under the law, we cannot achieve the fundamental truth the American people already know: we are all entitled to equal protection of the law. This legislation will ensure that the federal government leads the way in respecting this basic American principle."

"It is no doubt true that in the administration of justice — whatever the context — the appearance of impartiality as well as its reality should always be our goal. Public confidence in the administration of justice necessarily depends on public understanding. All of this should virtually go without saying. Actions that create a perception of unfairness are to be avoided. But those who administer justice cannot be required to be the guarantor of the public perception of their work. Sometimes that perception is shaped largely by extraneous forces and circumstances that are beyond the control of those who administer justice. And I would suggest that it is a dangerous policy indeed to prohibit actions which the fair administration of justice in fact requires simply because some segment — however large — of the public judges those actions to be other than just. Adopting such a policy promises to reward those who seek to undermine the faithful administration of justice by false charges of unfairness."

"Our Constitution exists to secure individual freedom, the essential condition of human flourishing. Liberty is not provided by government; liberty preexists government. It’s our natural birthright, not a gift from the sovereign. Our founders upended things and divided power to enshrine a promise, not a process."

"I diligently self-censor and aim for carefulness,” Willett told me, “A few cardinal rules: I don’t throw partisan sharp elbows or discuss pending cases. I keep things light and upbeat. Whether you’re crafting a 140-page opinion or a 140-character tweet, judges must always be judicious."

"Judges should always behave judicially by adjudicating, never politically by legislating. I leave policy to policymakers. They’re preeminent, but they’re not omnipotent. In other words, lawmakers decide if laws pass, but judges decide if laws pass muster. There’s a fateful difference between activist judges who concoct rights and active judges who dutifully protect the rights our Framers actually enshrined."

"Imagine my surprise one day in February 1951 to read in the newspaper that John J. McCloy, the high commissioner to Germany, had restored all the Krupp properties that had been ordered confiscated."

"Homosexual conduct is, and has been, considered abhorrent, immoral, detestable, a crime against nature, and a violation of the laws of nature and of nature’s God upon which this nation and our laws are predicated."

"Ignoring the lessons of our history, Obama’s economic policies of big government, enlarged federal control over our lives and eventually, as even he predicts, increased taxation has garnered a name of its own – “Obamanomics.” Obamanomics is simply the philosophy of socialism, loosely defined as “collective or governmental ownership and administration of the means of production or distribution of goods.” Nations that embrace socialism inevitably experience stagnation and economic decline."

"I’m a very strict constructionist of the Constitution and I know how to question, or I know how to vet—to use the word that the press uses all the time—candidates for judicial offices, and I think I would be very successful in the United States Senate in doing that because I think that there’s so many in the judiciary and legal establishment that don’t understand the Constitution, don’t understand the separation of powers, don’t understand the concepts of restraint of power in the Constitution."

"I think the 60-vote rule allows people to avoid voting on controversial issues by hiding behind a rule, now, I understand the argument of the parties that the party in the majority may change and things happen, but the thing about it is it is still a violation of the Constitution. We often talk in judicial circles about judicial fiats, in other words an amendment to the Constitution by judicial fiat which means them passing laws that have no relation to the Constitution. Well there’s also legislative fiat, and that’s what we see with regard to the 60-vote rule."

"We have to put pressure on countries that are misusing our policies. Taking a strong stand, looking back to, I think it was Roosevelt who said, ‘walk softly, and carry a big stick.’ Well, you’ve got to do that economically as well. You’ve got to stand up for your rights. You can’t cave to foreign countries and say, ‘we’ll take all our missiles down if you take your missiles down,’ and turn around and let them develop their missiles. In other words, you got to trust and verify—but I think verify first."

"Also take Joseph and Mary. Mary was a teenager and Joseph was an adult carpenter. They became parents of Jesus. There’s just nothing immoral or illegal here. Maybe just a little bit unusual."

"Now that the dogs of war are calling for the head of Senator Al Franken I believe it is time to speak up on behalf of all heterosexual males. As a candidate for Governor let me save my opponents some research time. In my last fifty years I was sexually intimate with approximately 50 very attractive females. It ranged form a gorgeous personal secretary to Senator Bob Taft (Senior) who was my first true love and we made passionate love in the hayloft of her parents barn in Gallipolis and ended with a drop dead gorgeous red head who was senior advisor to Peter Lewis at Progressive Insurance in Cleveland. Now can we get back to discussing legalizing marijuana and opening the state hospital network to combat the opioid crisis. I am sooooo disappointed by this national feeding frenzy about sexual indiscretions decades ago. Peace."

"As a 15 year jurist, I like to think I speak with clarity. So let me try again. When a United States Senator commits a non criminal act of indiscretion; and when it is brought to his attention he immediately has the integrity to apologize; and the apology is accepted by the victim: IT IS WRONG for the dogs of war to leap onto his back and demand his resignation from the United States Senate. It is morally wrong. And as an aside for all you sanctimonious judges who are demanding my resignation, hear this. I was a civil right lawyer actively prosecuting sexual harassment cases on behalf of the Attorney General's Office before and before you were born. Lighten up folks. This is how Democrats remain in the minority."

"If I offended anyone, particularly the wonderful women in my life, I apologize. But if I have helped elevate the discussion on the serious issues of sexual assault, as opposed to personal indiscretions, to a new level...I make no apologies. Suggesting the admitted conduct of Senator Al Franken and the alleged conduct of Judge Roy Moore are on the same level trivializes the serious subject at hand. There are Democrats out there who are saying neither one of them pass the purity test to sit in the United States Senate. And that is sad."

"There comes a time in everyone's life when you have to admit you were wrong. It is Sunday morning and i am preparing to go to church and get right with God. But first I have to get right with my family, my friends, and the thousands of strangers who have been hurt by my insensitive remarks. I am sorry. I have damaged the national debate on the very real subject of sexual harassment, abuse and unfortunately rape. It is not a laughing matter. It wasn't when I prosecuted sexual misconduct for the State of Ohio, and it is not now. To my daughters, Katie Corrin O'Neill, Tiffany O'Neill Scullen, and my sisters Patricia O'Neill Sacha and Mary Kaye O'Neill, accomplished women all, please accept my public apology for dragging you into this matter. You deserved better treatment than this. I love you, respect you, and yes. I was wrong. Thank you for loving me enough to stand up to my departure from a loving life."

"We have got to eliminate the gringo, and what I mean by that is if the worst comes to the worst, we have got to kill him."

"Kill the gringo. What I mean is we must kill the gringo economically and politically but not necessarily physically unless, of course, the worst comes to the worst."

"We’re the only ethnic group in America that has been dismembered. We didn't migrate here or immigrate here voluntarily. The United States came to us in succeeding waves of invasions. We are a captive people, in a sense, a hostage people. It is our political destiny and our right to self-determination to want to have our homeland [back]. Whether they like it or not is immaterial. If they call us radicals or subversives or separatists, that’s their problem. This is our home, and this is our homeland, and we are entitled to it. We are the host. Everyone else is a guest. It is not our fault that whites don’t make babies, and blacks are not growing in sufficient numbers, and there’s no other groups with such a goal to put their homeland back together again. We do. Those numbers will make it possible. I believe that in the next few years, we will see an irredentists movement, beyond assimilation, beyond integration, beyond separatism, to putting Mexico back together as one. That's irridentism. One Mexico, one nation."

"We are millions. We just have to survive. We have an aging white America. They are not making babies. They are dying. It’s a matter of time. The explosion is in our population"

"You know who came through Ellis Island? A gentleman named Richard Cawley. A poor Irish immigrant who came during the potato famine. You know who his grandson is? Vice President Michael Pence. You know who else came through New York harbor? Frederick Trump, grandfather of Donald Trump. The greatest arrogance is when you forget where you came from, and where you started, and this is the greatest arrogance. We all came from somewhere else. We are all immigrants."

"We are not going to make America great again. It was never that great. We have not reached greatness. We will reach greatness when every American is fully engaged. We will reach greatness when discrimination and stereotyping of women, 51% of our population, is gone, and every woman's full potential is realized and unleashed and every woman is making her full contribution."

"'Just say no' isn't enough unless there is something to say 'yes' to.""

"New York State calls this attack on Jussie Smollett what it is — a hate crime. Homophobia and racism will not be tolerated"

"SALT encourages high-income New Yorkers to move to other states. And what you have to remember is even if a small number of high-income taxpayers leave, it has a dramatic effect on this tax space. We have one of the most progressive tax codes in the United States, which is a good thing. Which means the richer you are, the more you pay. However, that presents a very fragile economy because then you are relying on a very small number of people for the vast amount of your tax dollars. One percent of the taxpayers pay nearly half of all the taxes. One percent pay nearly half of all those taxes. Those one percent are the richest people in the state, they're the richest people in the country, and they are the most mobile people in the country. And you see the chart on the bottom. Top one percent - about 46 percent. Top five percent - 63 percent of all the revenue. Top 10 percent - 74 percent of all the revenue. Tax the rich, tax the rich, tax the rich. We did. Now, God forbid the rich leave. More than 95 percent of the tax increase from SALT falls on the top 20 percent of taxpayers."

"We’re the ones who are hit now. That’s today, but tomorrow it’s going to somewhere else, whether it’s Detroit, whether it’s New Orleans. It will work it’s way across the country"

"My brother Chris, is positive for coronavirus"

"It's a sad thing to say ... but that's classic Andrew Cuomo. A lot of people in New York State have received those phone calls. The bullying is nothing new. I believe Ron Kim and it's very, very sad, no public servant no person who's telling the truth should be treated that way. The threats, the belittling, the demand that someone change their statement right that moment ... many many times I've heard that and I know a lot of other people in this state have heard that"

"Governor Cuomo has complete discretion to be able to issue mass clemencies for the prisons. We know that de Blasio, the mayor, has the power to be able to release hundreds and thousands of people from Rikers Island and other jails. And so we really want them to be able to do that. There’s lots of pressure and demands that have been issued by local groups."

"[Cuomo] chose to protect business profits over people's lives and now the whole world is paying attention to that decision and he needs to be held accountable for that"

"In May 2020, Governor Andrew Cuomo of New York announced a partnership with the Gates Foundation to 'reinvent education.' Cuomo called Gates a visionary and argued that the pandemic has created 'a moment in history when we can actually incorporate and advance [Gates'] ideas...all these buildings, all these physical classrooms-why with all the technology you have?' In fact, Gates has been trying to dismantle the public education system of the United States for two decades."

"Since you [US “drug czar” McCaffrey] control a federal budget that has just been increased from $17.8 billion last year to $19.2 billion this year, is asking people like you if we should continue with our nation's current drug policy like a person asking a barber if one needs a haircut?"

"Why don't we make distinctions between people who use drugs and people who abuse them? We automatically conclude that everyone who uses marijuana, for example, needs drug treatment. I agree that marijuana can have some harmful effects on the user, but, obviously, so can alcohol. I drink a glass of wine almost every night with dinner. Does that mean that I need an alcohol-treatment program?"

"There is no such thing as having both a free society, and a drug-free society. Put another way, dangerous as they are, these drugs are here to stay, and we should work to discover how best to reduce the harm they will cause in our communities."

"Sending Robert Downey, Jr. to prison for drug use makes no more sense than locking up Betty Ford for using alcohol. Now if it's Darryl Strawberry and he uses drugs while driving, that's a different matter; he should do time."

"The war on drugs has done considerable damage to the fourth amendment and that something is very wrong indeed when a person gets a longer sentence for marijuana than for espionage."

"The most widely used 'illegal' drug is marijuana, yet, by every measure, it is much less harmful than alcohol or tobacco. In my 30 adult years, this gross injustice has turned me very cynical toward the government."

"The drug prohibitionists must have marijuana illegal, because without that, the raw numbers of the users of all other illegal drugs combined do not come even close to justifying the prison/industrial complex that has been spawned to "combat" this drug menace."

"Many medical and legal professionals believe that in many ways marijuana is actually less harmful than my drug of choice, alcohol. So if adults choose to use marijuana instead of alcohol, the governments, as a matter of freedom and liberty, should not be able to prohibit them from doing so."

"So much money is wasted in the drug war. I've had two congressman, Orange County congressman, tell me that there are lots of people in Washington who now believe that the drug war is not winnable but that it is imminently fundable… Where President Eisenhower once talked about the Military-Industrial Complex, we now have the Prison-Industrial Complex. It's the same thing, the same disease."

"The biggest oxymoron in our world today is the term ‘controlled substances.’ Why? Because as soon as you prohibit a substance, you give up control to the bad guys. That’s a huge problem we’ve inflicted upon ourselves."

"I had seen firsthand that we were wasting unimaginable amounts of our tax dollars, increasing crime and despair, and severely and unnecessarily harming people’s lives, particularly our children’s, by our failed drug policy. In short, I had seen that our drug laws were a failure, and I simply could not keep quiet about it any longer."

"[W]e will look back in astonishment that we allowed our former policy to persist for so long, much as we look back now at slavery, or Jim Crow laws, or the days when women were prohibited from voting."

"We have never been a drug-free society and we never will be. Recognizing this fact, and recognizing the fact that these harmful drugs are here to stay, we should try to employ an approach that will most effectively reduce the deaths, disease, crime, and misery caused by their presence in our communities."

"Similarly, when drug users are forced to steal or prostitute themselves in order to get money to buy artificially expensive illicit drugs from the criminal underworld, that is a Drug Prohibition problem more than it is a drug problem. So too is the diversion of billions of dollars from the prosecution of violent street crime and fraud to the prosecution of hundreds of thousands of non-violent drug sellers and millions of drug users a distinct problem of Drug Prohibition."

"‘It’s a rare person who wants to hear what he does not want to hear.’ To that comment I offer a corollary: ‘Friends tell friends the truth.’ The real problem in this area actually is not the drugs themselves. The real problem is that our citizens and our leaders simply will not look at the evidence, even though it is all around us. Our present policy is exacerbating the problems and will not stand up to scrutiny. What we really need to do is to open the subject to rigorous public debate."

"Even high security prisoners like Charles Manson are testing positive in prison for illicit drugs… Our laws are not deterring many people from a life of drug abuse and drug trafficking, and if we cannot even keep these drug out of our prisons, how can we expect to keep them out of our communities?"

"Ask your local high school or junior college students and they will tell you the same thing they tell me: that it is easier for our children and underage adults to get illicit drugs than it is for them to get alcohol."

"Every time the penalties for selling drugs are raised, adult drug traffickers have an extra incentive to recruit children for their drug transactions."

"Nothing in the history of the United States of America has eroded the protection of our Bill of Rights nearly as much as our government’s War on Drugs… Conventional wisdom says that the only way to stem the tide is to grant law enforcement agencies greater and greater powers and to let them intrude more and more completely into the private lives of our people."

"Not only have more and more people realized that alcoholism really is a disease, but the legal system has also stated clearly in the California Supreme Court case of Sundance v. Municipal Court that people who are addicted to alcohol cannot be punished merely for their addition… It remains a critical part of our zero-tolerance policy that people who use illegal drugs cannot be considered in human terms. They must be treated as demons and we must contrast ‘drug cultures,’ on the one hand, with ‘decent’ people, on the other."

"The effect of our drug policy on the health of people who use illicit drugs stem from four basic problems: (1) a lack of information about medial hygiene, because our laws push drug users away from the medical professionals who can help them; (2) no quality control regarding either the strength or purity of illicit drugs; (3) the inability of many drug users to prepare and use injectable drugs under more medically hygienic conditions;… and (4) the enormous pressure on drug addicts to engage in dangerous criminal activity, such as prostitution, burglary and drug dealing, in order to get the money to purchase these artificially expensive drugs."

"[I]t is much easier to control, regulate, and police a legal market than an illegal one."

"Gray first went public in 1992 as a critic of the nation's war on drugs because, he said, he had seen firsthand and up close how the drug laws have failed, how they waste tax dollars, increase crime and despair, and harm so many lives unnecessarily."

"Judge Gray's thorough and scholarly work, based as it is on his personal experience, should help considerably to improve our impossible drug laws. [His] book drives a stake through the heart of the failed War on Drugs and gives us options to hope for in the battles to come."

"But how far this court, in whom the judiciary powers may in some sort be said to be concentrated, shall have power to declare the nullity of a law passed in its forms by the legislative power, without exercising the power of that branch, contrary to the plain terms of that constitution, is indeed a deep, important, and I will add, a tremendous question, the decision of which might involve consequences to which gentlemen may not have extended their ideas. I am happy in being of opinion there is no occasion to consider it upon this occasion; and still more happy in the hope that the wisdom and prudence of the legislature will prevent the disagreeable necessity of ever deciding it, by suggesting the propriety of making the principles of the Constitution the great rule to direct the spirit of their laws."

"In a government which is emphatically stiled a government of laws, the least possible range ought to be left for the discretion of the judge."

"The life I've led has only been made possible because I'm an American. The astounding people I've met along the way, the astonishing experience I've had, and the amazing opportunities I've been given have far exceeded anything I could have ever hoped for or expected."

"In those first few days and weeks after the suicide, everyone we talked to was as shocked as we were. To this day nobody is sure what caused him to do it. I can only guess it was attributable to his sense of failure in overcoming the alcohol problem. The booze and the secrecy around it always caused chafing between him and my mother and me. I still bear a lot of guilt because of my conduct. What might I say to my father if I could? I'd say, I'm sorry. I'm sorry I wasn't more respectful. I'm sorry I wasn't a better son. I'm sorry I didn't treat him with the warmth I should have in spite of his drinking problem. Certainly his good qualities far outweighed what few bad things he did with his liquor- especially considering today's atmosphere. What he did was so minor. So, yeah, I owe him a hell of an apology."

"Sometimes the greatest signs of strength are demonstrated when you relive the hardest parts of your life. I'm not a man easily given to emotion. I hate to cry. Yet there are three things that cause me to tear up today. One is when I talk about the love I have for America. The second I'll tell you about later in this book. The third is whenever I remember by dad's suicide."

"As young people, my generation would see a lot of death. I don't think I ever grew accustomed to it. It came in darkness and fervor, by our airplanes, rifles, parachutes, and tanks. But there was something about that first death I experienced the summer of 1939 when I was just eighteen, years before the war, that stayed with me so strongly. Those first few seasons after my father died were dark indeed."

"Back at Toccoa, Easy Company had been led by Captain Herbert Sobel (portrayed in the Band of Brothers miniseries by David Schwimmer). Sobel was known for his excessive strictness, often revoking men's weekend passes for petty infractions and heaping up additional physical training on them during weekends and evenings. He once brought a court-martial against Winters for failing to inspect a latrine. Sobel's extreme training tactics paid off in some ways- he ended up creating a hardened and physically fit company. From all the tough training they received, Easy Company could boast the finest performance record in the regiment. Yet Sobel's men believed he lacked tactical and combat skills. After several of Sobel's noncommissioned officers refused to fight under him, believing him unfit to follow into battle, Sobel was reassigned to the Chilton Foliat Jump School, where he became a parachute instructor for noncombat officers. Lieutenant Thomas Meehan, a transfer from B Company, took over for Sobel. I never met Sobel personally, and it's been controversial as to whether Sobel was truly as inept as the miniseries made him out to be. Sobel's second son, Michael Sobel, has spoken out in his father's defense in recent years, and most veterans I know respect Michael for doing that. My good friend Don Malarkey, who was with Easy Company from the beginning, insists that Sobel had his good points. Sobel's contributions helped mold Easy Company into the formidable fighting force it came to be."

"But success in a military operation always feels short-lived. You shoulder your rifle and move on from there to the next battle."

"Secrets have power over us. Only when secrets are revealed can truth be known and freedom brought about."

"Sergeant Bill Guarnere sat with me on many of those nights. He was much more softhearted than he ever let on. In the series, it shows us together in a foxhole. In the background we can hear the Germans singing "Silent Night" not far away from us. I hand Guarnere a picture of my girlfriend back home, lamenting to Bill that she was finished with me- just in time for Christmas. I don't remember that ever happening, but this often did: Bill and I were supposed to take turns staying awake and sleeping. Often I'd wake up and he'd say in his South Philly accent, "Aw, go back to sleep, Lieutenant. I got it." I'd protest, but he'd always insist."

"Constantly we anticipated a large-scale nighttime attack. But day after day, night after night, it never came."

"Just before Christmas, 1944, we got word that the Germans had closed the circle around Bastogne. This meant that the 101st Airborne was now completely surrounded by the enemy. Dick Winters said once that being surrounded was no problem for paratroopers- we were used to that. For me, it's hard to describe the feeling of isolation. The heavy fog meant that we were cut off from any help from the sky. We were alone, out in the woods, surrounded, with desperately low supplies. We were in day-to-day survival mode. Build the occasional fire. Melt some snow. Find something to eat. Cook it in your helmet. Stay out of harm's way. Just do what you need to do to get through the day."

"Although I was affected by the horrors of Bastogne, I do not believe I was clinically shell shocked, as the series portrays me. In real life, while I was hollering for the medic, trying to figure out what to do, I remember two distinct thoughts: How are we going to help the wounded guys?...Maybe this is the time the Germans are really going to get us all."

"Ted Sten, the deputy in charge of the Long Beach office and my new supervisor, had a reputation for an acerbic personality and being difficult to work with. I reported for duty expecting the worst. To my surprise, Ted Sten greeted me warmly. "Hmmm. Buck Compton," he said. "You live where?" "North Hollywood." He grinned. "Boy, someone must sure be mad at you." He shook my hand. "Welcome aboard.""

"I told the reporter that these so-called "peace protesters" were all incipient assassins. Free speech does not embrace any form of physical force, whether passive or active. A mob blocking the streets is using physical force and is not the same thing as protected free speech. People who are willing to resort to any form of physical force (because they are frustrated by the failure of their words to be effective) have progressed up the rungs of the ladder of violence. As each level of this ladder is climbed, history has shown that progressive degrees of physical violence fail to produce a desired political result, and it becomes easier to take the next step. At the top of this ladder is assassination. Cases in point: JFK, MLK, and RFK."

"Paratroopers capture the attention of people due to the fact that we jumped out of planes. But we didn't have it as hard, for instance, as the guys in the 1st or 4th or 29th divisions, who were grinding it out day after day in Europe, many of whom were not pulled back from the line to England after thirty days like we were. Or beyond that, the poor guys who served in the Pacific. I wouldn't have traded with the guys in the Pacific for anything. None of them got the recognition we did."

"You have a tendency to think of wars as being fought in arenas set aside for fighting. But when you go through these farms and little towns, you realize wars are fought in people's backyards, stores, streets, and cities. It was all so very real then. It's real to me today."

"The word "freedom" is rather generic today, and in my mind, sadly, an ill-defined term. Many people think it simply means saying whatever you want and doing whatever you want whenever you want. But true freedom is easy to overlook today. Too many of our fellow citizens are willing to go to the polls and vote away the freedoms of themselves and others simply because they have been convinced of the supposed worthiness of some social goal."

"Freedom and socialism cannot coexist. Our Constitution stands as a bulwark against collectivism and guarantees us a free-enterprise capitalist economy, where we are free to contract for and enjoy the fruits of our labor. Freedoms that we fought for are being unthinkingly and frivolously squandered today in many places. Every time our fellow citizens fall prey to the class envy arguments and siren song of socialism, we dishonor those who have fought and died in previous wars. Collectivism as an ideology promises to redistribute wealth through the graduated income tax and estate tax. Collectivism sees nothing wrong with seizing private property without paying for it, all in the name of environmental protection. Collectivism ignores the precious blood that has been spilled in freedom's defense. The America I fought for was based on individual freedom, never collectivism. Think of it this way: The Nazis were socialists. The Communists in Korea and Vietnam were socialists. The terrorists of today are ideological socialists- they're certainly not proponents of individual freedoms. Terrorists want to knock out our form of government, which allows freedom of thought, travel, religion, and speech. They want to do away with our social climate, which allows us the room for dissenting and controversial opinions and practices. They want to destroy our economy, which allows for individual successes based on initiative and hard work."

"Saddam and his regime crushed his country's educational systems, economic opportunities, cultural activities, and women. He's the real enemy. In many senses, we are still fighting the first Gulf War today. It's not finished yet. Terrorist regimes such as these have vowed to destroy the United States, whom they refer to as "the great Satan." That's as much of a threat as Hitler's Germany ever was. People argue for "peace at any price." Well, peace is cheap. You can get peace with anybody as long as you're willing to surrender to their terms. We could have had peace with Hitler if they wanted."

"To try to distinguish between our objectives in World War II and the war we are fighting today- that one war was justified and the other isn't- is a complete fallacy. All wars are wars of choice. The Revolutionary War was a war of choice- we could have stayed British subjects if we had wanted. Equally so, we could have chosen not to fight World War II if we had wanted. But there were compelling reasons to fight both the Revolutionary War and World War II, as there are compelling reasons to fight the war against terror today."

"On closing this book, if I was to leave you with only one thought, it would be this: My life story could only happen in America. Look at my life: Here was a guy with very little observable potential- nothing much behind him except a couple loving parents. But because of the way this country functions I was able to make my way through and have a very good life. I don't think I had any special talent or ability. Anybody could do what I did if he wanted to. I've never resented anybody ho has something I didn't have, because I knew that in this country if I worked hard enough I could have it, too. The system in America allows for and welcomes success. That's worth fighting for if someone threatens to take it away. You can have anything or be anything you want in this country if you put your mind to it. Don't let anybody take that away from you."

"In understanding the life of honor and service Buck Compton has bestowed upon his country, we glimpse anew the greatness that is America."

"Buck never likes being called a hero, but that's what he is to me."

"Judges set the tone for a . Especially when it comes to sensitive matters like and , that tone must be dignified, solemn, and respectful, not demeaning or sophomoric."

"To have a great capital is not so necessary as to know how to manage a small one, and never to be without a little."

"I know of no word in the English language other than massacre which better describes the wanton slaughter of thousands of defenseless men, women and children."

"Within a short time, Ambassador Kenneth Keating, the ranking United States diplomat in New Delhi, had added his voice to those of the dissenters. It was a time, he told Washington, when a principled stand against the authors of this aggression and atrocity would also make the best pragmatic sense. Keating, a former senator from New York, used a very suggestive phrase in his cable of 29 March 1971, calling on the administration to “promptly, publicly, and prominently deplore this brutality.” It was “most important these actions be taken now,” he warned, “prior to inevitable and imminent emergence of horrible truths.”"

"Keating was not someone who could be easily dismissed. He was a formidable political figure in his own right.... Sydney Schanberg remembers him as an old-fashioned conservative, a moderate Rockefeller Republican. Schanberg liked him: “He was very undiplomatic.” As the shooting started, Keating was near the end of his career and his life, unafraid to speak his mind. In Delhi, he absorbed the outrage of Indians there. Major General Jacob-Farj-Rafael Jacob of the Indian army recalls, “Keating agreed with me entirely.” The general remembers Keating turning red when asked why the United States was supporting Pakistan despite the atrocities. Thus Keating became an outspoken advocate for both India and the Bengalis, repeatedly lending his own gravitas and respectability to the Dacca consulate’s dissenters. “Bless him,” says Meg Blood. “He was strongly for us.”"

"When Keating saw Blood’s cable, he immediately backed it, firing off an equally furious cable of his own with the same jarring subject line of “Selective Genocide.” He wrote, “Am deeply shocked at massacre by Pakistani military in East Pakistan, appalled at possibility these atrocities are being committed with American equipment, and greatly concerned at United States vulnerability to damaging allegations of associations with reign of military terror.” The ambassador—making a complete break with U.S. policy—urged his own government to “promptly, publicly and prominently deplore this brutality,” to “privately lay it on line” with the Pakistani government, and to unilaterally suspend all military supplies to Pakistan. He urged swift action now, before the “inevitable and imminent emergence of horrible truths and prior to communist initiatives to exploit situation. This is [a] time when principles make [the] best politics.”"

"Archer Blood had been easily dismissed, but it was trickier to oust a well-connected former Republican senator. It would look bad to fire the ambassador in the middle of a crisis. And Keating leaked plenty to the press while he was still working for the administration; he could have done far worse if sacked. “He’s got all the credentials,” remembers Samuel Hoskinson, Kissinger’s staffer. “When he says it, then people have to listen to it.” Hoskinson recalls Nixon and Kissinger’s anger: “We were aware that Keating was on the bad guy list. ‘What’s happened to Ken?’ ” He explains, “What really upset them is Keating is not just another ambassador. He is a man of Washington, with an independent reputation. He knows how to get the word out, he knows how to deal with the media, he has his own base of influence, he’s well respected by other Republicans. This is not just Archer Blood anymore, not this guy out there in Bangladesh and a couple of Foreign Service Officers.”"

"Rather than merely sending toothless notes, Keating wanted U.S. economic aid to Pakistan to be conditional on an end to the killing. Echoing Blood, he reminded Kissinger that the army was concentrating on the Hindus. At first, the refugees fleeing into India had been in the same proportion as existed in the overall population of East Pakistan, but now 90 percent were Hindus.... The next day, in the Oval Office, Kissinger complained to Nixon, “He’s almost fanatical on this issue.” Nixon resented having to meet with Keating. The president thought his man in Delhi had gone completely native: “Keating, like every Ambassador who goes over there, goes over there and gets sucked in.” Nixon asked, “Well what the hell does he think we should do about it?” When Kissinger explained—“he thinks we should cut off all military aid, all economic aid, and in effect help the Indians to push the Pakistanis out of” East Pakistan—it was more than Nixon could take: “I don’t want him to come in with that kind of jackass thing with me.”"

"On June 15, Keating got his chance to directly confront the president. Waiting in the Oval Office for the showdown, the president groused to Kissinger, “Like all of our other Indian ambassadors, he’s been brainwashed.” He added, “Anti-Pakistan.”... “What do they want us to do?” asked Nixon, about the Indians. “Break up Pakistan?” Keating assured him they did not, but they could not stand the strain of some five million refugees. Nixon suggested, “Why don’t they shoot them?”"

"In the Oval Office, the ambassador directly told the president of the United States and his national security advisor that their ally was committing genocide. The reason that the refugees kept coming, at a rate of 150,000 a day, was “because they’re killing the Hindus.” He explained that “in the beginning, these refugees were about in the proportion to the population—85 percent Muslim, 15 percent Hindus. Because when they started the killing it was indiscriminate. Now, having gotten control of the large centers, it is almost entirely a matter of genocide killing the Hindus.”"

"Nixon and Kissinger wanted retribution against their underlings. They fixated on Kenneth Keating, the ambassador to India who had dared to challenge the president in the Oval Office, and was still firing off angry cables. Despite his formidable connections and credentials, the former Republican senator’s job was on the line. “All things being equal, I think they would have removed Keating,” says Samuel Hoskinson, Kissinger’s staffer at the White House. “We’ve got to put some kind of a leash on Keating,” Nixon told Kissinger. The president recalled with satisfaction that when he had raised this with William Rogers, the secretary of state had said that Keating was senile. Nixon later said, “Keating’s a traitor.” Nixon told Kissinger that they should fire him. The Indians, Nixon said, were “Awful but they are getting some assistance from Keating, of course.” Kissinger agreed: “A lot of assistance; he is practically their mouthpiece.” He added, “He has gone native...“"

"With my respect to the Select Committee, I did not submit this statement prior to my testimony today pursuant to the Rules of the U.S. House of Representatives, so to avoid any appearance or suggestion that my testimony is that of an interested political party partisan or is on behalf of the Select Committee or any person involved with, on, or after January 6, or is that of a witness in any other way “interested” in these hearings. I testify today only as a private citizen, and as a non-partisan, disinterested, independent former Federal Judge on the United States Court of Appeals who happens to have been a fact witness to the events surrounding January 6. The views, the thoughts, and the words herein are mine and mine alone, submitted to the Select Committee on my own behalf and no one else’s."

"A stake was driven through the heart of American democracy on January 6, 2021, and our democracy today is on a knife's edge. America was at war on that fateful day, but not against a foreign power. She was at war against herself. We Americans were at war with each other — over our democracy. January 6 was but the next, foreseeable battle in a war that had been raging in America for years, though that day was the most consequential battle of that war even to date. In fact, January 6 was a separate war unto itself, a war for America's democracy, a war irresponsibly instigated and prosecuted by the former president, his political party allies, and his supporters. Both wars are raging to this day. A peaceful end to these wars is desperately needed. The war for our democracy could lead to the peaceful end to the war for America's cultural heart and soul. But if a peaceful end to the war for America's democracy is not achievable, there is little chance for a peaceful end to that war. The settlement of this war over our democracy is necessary to the settlement of any war that will ever come to America, whether from her shores or to her shores. Though disinclined for the moment, as a political matter of fact only the party that instigated this war over our democracy can bring an end to that war."

"These senseless wars are of our own making, and they are now being waged throughout the land, in our city centers and town squares, in our streets and in our schools, where we work and where we play, in our houses of worship — even within our own families. These wars were conceived and instigated from our Nation's Capital by our own political leaders collectively and they have been cynically prosecuted by them to fever pitch, now to the point that they have recklessly put America herself at stake."

"These wars that we are waging against each other are immoral wars, not moral ones, being immorally waged over morality itself. We Americans no longer agree on what is right or wrong, what is to be valued and what is not, what is acceptable behavior and not, and what is and is not tolerable discourse in civilized society. Let alone do we agree on how we want to be governed or by whom, or where we go from here and with what shared national ideals, values, beliefs, purposes, goals, and objectives — if any at all. America is adrift. We pray that it is only for this fleeting moment that she has lost her way, until we Americans can once again come to our senses."

"The war on democracy instigated by the former president and his political party allies on January 6 was the natural and foreseeable culmination of the war for America. It was the final fateful day for the execution of a well-developed plan by the former president to overturn the 2020 presidential election at any cost, so that he could cling to power that the American People had decided to confer upon his successor, the next president of the United States instead. Knowing full well that he had lost the 2020 presidential election, the former president and his allies and supporters falsely claimed and proclaimed to the nation that he had won the election, and then he and they set about to overturn the election that he and they knew the former president had lost. The treacherous plan was no less ambitious than to steal America's democracy. Called to Washington D.C. that day by the president, the president himself, and the president's followers, supporters, and allies gathered near The White House for a "Stop the Steal" rally. The president maintained at that rally that the 2020 presidential election had been "fraudulently stolen" from him."

"Inflamed, the gathered mob marched up the hill from The White House to the United States Capitol to protest, disrupt and prevent the counting of the electoral votes for the presidency, which the president falsely charged were wrongly about to be counted by the Congress in his political opponent's winning favor and in his own losing favor. Once staged at the Capitol, the mob soon erected gallows on the United States Capitol grounds, chanting that Vice President Mike Pence should be hanged. Hanged, the mob chanted, for "cowardly" refusing the president's lawless entreaties that his Vice President declare their president reelected, against the will of the American People, though he had lost both the Electoral College and the popular vote for the presidency. There were many cowards on the battlefield on January 6. The Vice President was not among them."

"The Nation wept during the evening of January 6, as the Capitol police began to clear and resecure the Capitol at day's end. Finally, at 8:00 p.m. on January 6, seven hours after the siege on the Capitol had begun, Vice President Pence gaveled the Joint Session back into order with measured, understated resolve: "Today was a dark day in the history of the United States Capitol. . . . Let's get back to work." January 6 was a dark day in the history of the United States, too. It was not until the next day, January 7, 2021, at 3:42 a.m. in the morning — almost fifteen hours after the Joint Session had first been gaveled into session by Speaker Nancy Pelosi — that the Vice President finally declared that Joe Biden had been elected the 46th President of the United States. On January 6, 2021, the prescribed day for choosing the American president, there was not to be a peaceful transfer of power — for the first time in the history of our Republic."

"Over a year and a half later, in continued defiance of our democracy, both the former president and his political party allies still maintain that the 2020 presidential election was "stolen" from him, despite all evidence — all evidence now — that that is simply false. All the while, this false and reckless insistence that the former president won the 2020 presidential election has laid waste to Americans' confidence in their national elections. More alarming still is that the former president pledges that his reelection will not be "stolen" from him next time around, and his Republican Party allies and supporters obeisantly pledge the same."

"False claims that our elections have been stolen from us corrupt our democracy, as they corrupt us. To continue to insist and persist in the false claim that the 2020 presidential election was stolen is itself an affront to our democracy and to the Constitution of the United States — an affront without precedent. Those who think that because America is a republic, theft and corruption of our national elections and electoral process are not theft and corruption of our democracy are sorely mistaken. America is both a republic and a representative democracy, and therefore a sustained attack on our national elections is a fortiori an attack on our democracy, any political theory otherwise notwithstanding."

"Very few ever have the honor of counseling the President of the United States of America. That highest of honors carries with it the highest of obligations. Counsel provided to the President of the United States must be the product of not only exquisite, penetrating legal analysis but also profound, insightful legal judgment. These two combined are so far from mere technical legal competence as almost to be its polar opposite. The President and the country deserve nothing less from those who counsel the President, so consequential are the stakes for the Nation when the President acts upon the advice of his or her Counsel. Whatever else, the President of the United States did not receive such counsel during his sustained effort to overturn the 2020 presidential election. It is as much the former president's fault as anyone's that he did not."

"Irrespective of the merits of the legal arguments that fueled the former president's efforts to overturn that election — irrespective of them, though there were none — those arguments, and therefore those efforts, by the former president were the product of the most reckless, insidious, and calamitous failures in both legal and political judgment in American history. From their inception, the legal arguments that underlaid the efforts to overturn the 2020 election were, in that context, little more than beguiling and frivolous, perhaps appropriate for academic classroom debate, but singularly inappropriate as counsel to the President of the United States of America in his effort to overturn the presidential election — an election he had lost fair and square and as to which there was not then, and there is not to this day, evidence of fraud. It is breathtaking that these arguments even were conceived, let alone entertained by the President of the United States at that perilous moment in history."

"Had the Vice President of the United States obeyed the President of the United States, America would immediately have been plunged into what would have been tantamount to a revolution within a paralyzing constitutional crisis. The former president's accountability under the law for the riot on the United States Capitol on January 6 is incidental to his responsibility and accountability for his attempt to steal the 2020 presidential election from the American People and thereby steal America's democracy from America herself. This said, willful ignorance of law and fact is neither excuse nor defense in law. Willful ignorance, thus, is neither political nor legal excuse or defense available to the former President of the United States, his allies, and his supporters."

"On January 6, 2021, revolutionaries, not patriots, assaulted America and American democracy. The walls of all three of our institutions of democracy were scaled and breached on that appalling day. And almost two years thence, one of America's two political parties cannot even agree whether that day was good or bad, right or wrong. Worse, it cannot agree over whether January 6 was needed, or not. Needed or not. Pause for a moment and reflect on that. The former president and his party cannot decide whether the revolt at the United States Capitol to disrupt and prevent the constitutional counting of the votes for the presidency was needed, and therefore whether another revolt might be needed at a future date to accomplish that which the previous revolt failed to accomplish."

"If one of our national political parties — one of the two political guardians of our democracy — cannot agree even as to whether the violent riot and occupation of the United States Capitol, inspired by the President of the United States and carried out by his followers to prevent Congress from counting the votes for the presidency of those same United States, was reprehensible insurrection or needed, legitimate political discourse, we all can agree on nothing. Nor should we."

"The former president's party cynically and embarrassingly rationalizes January 6 as having been something between hallowed, legitimate public discourse and a visitors tour of the Capitol that got out of hand. January 6, of course, was neither, and the former president and his party know that. It was not legitimate public discourse by any definition. Nor was it a civics tour of the Capitol Building — though that day proved to be an eye-opening civics lesson for all Americans. January 6 was, rather, a defining, and a redefining, day in American history — defining and redefining of America itself. On that day, America finally came face to face with the raging war that it had been waging against itself for years."

"America is at a perilous crossroads. Who is it that we have become and what is it that America has become? Is this who we want to be and what we want America to be? And if not, just who is it that we Americans want to be? And just what is it that we want our America to be? Many will again turn their eyes away, miscalculating that this is the last time they must see, and thus remember. The partisan mercenaries, who have no interest in either understanding or peace, will be the first who turn away and, in their determined ignorance, ignore. The mercenaries know better than we that what we forcibly put out of our minds or what we forget, we are destined to repeat."

"No American ought to turn away from January 6, 2021, until all of America comes to grips with what befell our country that day, and we decide what we want for our democracy from this day, forward. The genius that is America's democracy is this. The Constitution vests all power in "We the People." We agreed in the Constitution to delegate our power to our representatives, only during their time in our service, and at that, exclusively for the purpose of representing our interests in the Nation's Capital, not theirs. Our democracy is the process through which our representatives, using the power that we have delegated to them, in turn and in trust, govern us. We choose in our national elections those who we want to represent us, including most importantly the President of the United States. It is for this simple reason that to steal an election for the presidency from us is to steal our democracy from us."

"America's democracy was almost stolen from us on January 6. Our democracy has never been tested like it was on that day and it will never be tested again as it was then if we learn the lessons of that fateful day. On the other hand, if we fail to learn the lessons that are there to be learned, or worse, deny even that there are lessons there to be learned, we will consign ourselves to another January 6 in the not-too-distant future, and another after that, and another after that. While for some, that is their wish, that cannot be our wish for America."

"It is no wonder that America is at war over her democracy. Every day for years now we have borne witness to vicious partisan attacks on the bulwarks of that democracy — our institutions of government and governance and the institutions and instrumentalities of our democracy — by our own political leaders and fellow citizens. Every day for years now we have witnessed vicious partisan attacks on our Institutions of Law themselves, our Nation's Judiciary, and our Constitution and the Laws of the United States — the guardians of that democracy and of our freedom. For years, we have been told by the very people we trust, and entrust, to preserve and to protect our American institutions of democracy and law that these institutions are no longer to be trusted, no longer to be believed in, no longer deserving of cherish and protection. If that is true, then it is because those with whom we entrusted these institutions have themselves betrayed our sacred trust. And, indeed, it does seem at the moment that we no longer agree on our democracy. Nor do we any longer seem to agree on the ideals, values, and principles upon which America was founded and that were so faithfully nurtured and protected by the generations and generations of Americans that came before us. Yet we agree on no other foundational ideals, values, and principles, either. All of a sudden it seems that we are in violent disagreement over what has made America great in the past and over what will make her great in the future. In poetic tragedy, political campaign slogan has become divisive political truth. And there is no reason to believe that agreement about America by we Americans is anywhere on the horizon, if for no other reason than that none of us is interested in agreement. In the moral catatonic stupor America finds itself in today, it is only disagreement that we seek, and the more virulent that disagreement, the better. This is not who we Americans are or who we want to be. Nor is this America or what we want America to be."

"Reeling from twin wars, leaderless, and rudderless, America is in need of help. Our polarized political leaders have shamefully and shamelessly failed us. They have summoned our worst demons at the very moment when we needed summoned our better angels. As a consequence, America finds itself in desperate need of either a reawakening and quickening to the vision, truths, values, principles, beliefs, hopes, and dreams upon which the country was founded and that have made America the greatest nation in the world — a revival of America and the American spirit. Or, if it is to be, we are in need of a revival around a new vision, new truths, new values, new principles, new beliefs, new hopes and dreams that hopefully could once again bind our divided nation together into the more perfect union that "We the People" originally ordained and established it to be. We cannot hobble along much longer, politically paralyzed and hopelessly divided, directionless and undecided as to which revival it will be — if any at all. Where do we begin? This is the easier question. Who has the patriotic and political courage to go first? This is the harder question."

"As to the first question, we begin where the reconciliation of all broken human relationships, be they broken from war, anger, betrayal, or love, begins — by talking with each other, and listening to one another again, as human beings and fellow citizens who share the same destiny and the same belief in America and hope for her future. For years now, taking the lead from our politicians, we Americans have spoken only coarse, desensitizing, dehumanizing political vile at each other, which enables us to speak to each other without guilt or regret. For too many years now, we have spoken to each other as charlatanic political gladiators in an arena that today has become annihilative of America's future, not promising of that future."

"By constitutional order, We the People of this great Nation confer upon our elected representatives the power that they are then, by solemn constitutional obligation, directed to wield on our behalf and on America's behalf. But today our politicians live in a different world from the rest of us, and in a different world than that ordained by the Constitution. They live in a fictional world of divided loyalties between party and country, a world of their own unfaithful making."

"Today's politicians believe that they never have to choose between partisan party politics and country, when in fact they are obliged by oath to choose between the two every day, and every day they defiantly refuse to choose. For today's politicians, never the twain shall meet between partisan ambition and country, and never the latter before the former, either. The politicians in today's America only sponsor partisan incitement and only traffic in the same, rather than sponsor bi-partisan reason and lead in thoughtful deliberation. They have purposely led us down the road not in the direction toward the bridging of our differences, but in the direction away from the bridging of those differences. They have proven themselves incapable of leading us. But still, all it would take to turn America around is a consensus among some number of these political leaders who possess the combined necessary moral authority and who would agree to be bound together by patriotic covenant, to stand up, step forward, and acknowledge to the American People that America is in peril. In order to end these wars that are draining the lifeblood from our country, a critical mass of our two parties' political leaders is needed, to whom the remainder would be willing to listen, at least without immediate partisan recrimination."

"While Memorial Day is still fresh in our minds, we would all do well to remind ourselves of the immortal words spoken to the West Point cadets at the United States Military Academy a half century ago: "Duty, Honor, Country." Those three sacred words of profound American obligation were spoken on that occasion to reassure those who had given their lives for their country in the past, and who would give them in the future, that their sacrifice would not be in vain. Those words are as apt today for this occasion as they were on that day for that occasion, if not more. Then we need to get back to work, and quickly. We need to get back to the solemn business of preserving, protecting, and defending the Constitution of the United States and the United States of America. The hour is late. God is watching us."

"In the presidential election of 2024 there is only one political party and one candidate for the presidency that can claim the mantle of defender and protector of America’s Democracy, the Constitution, and the Rule of Law. As a result, I will unhesitatingly vote for the Democratic Party’s candidate for the Presidency of the United States, Vice President of the United States, Kamala Harris."

"When the white man landed on the shores of the New World, an eclipse, blacker than any that ever darkened the sun, blighted the hopes and happiness of the native people, races then living in tranquility upon their own soil."

"We have got to include all the voices in our democracy. That's how we preserve democracy, that's how we build accountable government, that's how you build responsive government."

"We need different voices in government—not for the sake of different voices, but because it actually makes a difference in policy."

"I just felt this call to action, to give back and do something about what was happening, and I decided that the most effective way to give back and to make a difference would be by being in charge. That there was no reason why I shouldn't run. I know what needed to change, and I was going to do it."

"Reaching across the aisle is important. I'll continue to offer to negotiate, but sometimes it's impossible to negotiate with a brick wall"

"We don’t listen to the NRAs about what we do about gun violence and violent crime. We listen to the victims of crime. We do not outsource the environmental protection measures to industry"

"I'm afraid things have gotten a little bit extreme lately because of the extremism that's trying to take hold in Harris County. I am very proud of my record reaching across the aisle"

"I’m a person that represents everyone in the community, whether they voted for me or not. We’ve been effective so they don’t want me to continue the work and show what effective Democratic leadership can look like in the state"

"A judge’s rulings should never be affected by political ideology or motivation. I can state unreservedly that should I be confirmed, my rulings will be based on text and precedent, and my decisions will be made solely on the application of the law to the facts"

"There have to be consequences for participating in an attempted violent overthrow of the government beyond sitting at home"

"The country is watching to see what the consequences are for something that has not ever happened in the history of this country before"

"To compare the actions of people around the country protesting, mostly peacefully, for civil rights, to a violent mob seeking to overthrow the lawfully elected government is a false equivalency and downplays the very real danger that the crowd on January 6 posed to our democracy."

"Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass."

"Defendant’s four-year service as commander in chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens."

"Judge Chutkan can handle this quite quickly if she wants to and I think she probably will. She was a very efficient judge. She will give each side 10 days to brief it, have a hearing and decide it. She knows whatever she decides is not going to stay with her."

"Freedom means many things to many people. From my earliest childhood I saw it through the eyes of my parents as both opportunity and challenge to do battle for those in bondage, to achieve freedom of the spirit and mind for one’s self and one’s fellow men. Blessed by parents whose deepest joy was through service to their fellow men, who were deeply moral without ever being self-righteous, who were profoundly religious and therefore not sanctimonious, I learned that love of mankind became meaningful only as it reflected understanding of and love of human beings."

"Passionate concern may lead to errors of judgment, but the lack of passion in the face of human wrong leads to spiritual bankruptcy...""

"My parents were among the first progressive parents who thought their children should always be at the dinner table to be heard as well as seen.""

"I was one of the most fortunate of children because my parents shared so much- in their ideals, their work...And perhaps most important they...never gave us the feeling they were too busy or engaged in anything more important than their life with us."

"Those were the days of the battles for the right to organize, and the conditions of workers were abominable."

"By the end of my second year [1926], the great textile strike had broken out in Passaic where I had worked, so I commuted between Yale Law School and Passaic, to the horror of some of the reputable people at Yale."

"Surely, the concern for the liberation of women need not and should not be separated from the struggle by women to protect and advance the freedom of all those still denied equal opportunities and full participation in the life of this country. (1973)"

"I tell myself each time that I am trying to do the best that can be done for this one child in front of me now. And then, starting after court, I try to do what I can for the others like him.'"

"One need not go South to discover the injuries to children which result from discrimination or indifference, too often rationalized on the ground that neighbors did not know about them."

"We have lost a sense of personal responsibility and sensitivity to people, and our faith that we can do more for people who need help if we care. In other words, I don't believe we can have justice without caring, or caring without justice. These are inseparable aspects of life and work for children as they are for adults."

"As case after case came up, I saw the vast chasms between our rhetoric of freedom, equality and charity, and what we were doing to, or not doing for, poor people, especially children."

"My friends, I had not intended to discuss this controversial subject at this particular time. However, I want you to know that I do not shun controversy. On the contrary, I will take a stand on any issue at any time, regardless of how fraught with controversy it might be. You have asked me how I feel about whiskey. All right, this is how I feel about whiskey: If when you say whiskey you mean the devil's brew, the poison scourge, the bloody monster, that defiles innocence, dethrones reason, destroys the home, creates misery and poverty, yea, literally takes the bread from the mouths of little children; if you mean the evil drink that topples the Christian man and woman from the pinnacle of righteous, gracious living into the bottomless pit of degradation, and despair, and shame and helplessness, and hopelessness, then certainly I am against it. But, if when you say whiskey you mean the oil of conversation, the philosophic wine, the ale that is consumed when good fellows get together, that puts a song in their hearts and laughter on their lips, and the warm glow of contentment in their eyes; if you mean Christmas cheer; if you mean the stimulating drink that puts the spring in the old gentleman's step on a frosty, crispy morning; if you mean the drink which enables a man to magnify his joy, and his happiness, and to forget, if only for a little while, life's great tragedies, and heartaches, and sorrows; if you mean that drink, the sale of which pours into our treasuries untold millions of dollars, which are used to provide tender care for our little crippled children, our blind, our deaf, our dumb, our pitiful aged and infirm; to build highways and hospitals and schools, then certainly I am for it. This is my stand. I will not retreat from it. I will not compromise."

"Donald Patrick Conroy, born on October 26, 1945, was the best storyteller of our time- very possibly any time. We will never forget Donald Patrick Conroy. He came to live in South Carolina on orders of the United States Marine Corps. In 1961, his father, Colonel Donald Conroy, a Marine aviator who went by the nickname of the Great Santini- perhaps you've heard of him- received orders to report to the air station in Beaufort, South Carolina. Pat was sixteen years old and received this news with dread. He had been to ten schools in eleven years and Beaufort High School would become his third high school."

"He and The Citadel eventually kissed and made up and became great friends after a rocky relationship following publication of The Lords of Discipline. The Citadel has promised to stop using his books as kindling to heat the barracks."

"Pat told me that The Citadel was one of the big reasons he loved South Carolina and the Lowcountry. While other writers of his generation were going to fraternity or sorority parties, he spent his four college years reading during Evening Study Period. He became a member of the Dock Street Theatre, the Charleston Ballet, and the Symphony. He learned about the beauty and charm of cities by studying Charleston and Beaufort."

"His was a turbulent personality, a complex mixture of joy and despair, but through it all, great love. He loved books and independent bookstores, especially the Old New York Bookshop. Imagine that. He loved his friends, his brothers and sisters, his children and stepchildren, his grandchildren, his legion of readers, who hung on his every word and were enchanted by his characters, the atmosphere of the South Carolina Lowcountry, and his stories- always his stories. But he loved no one more than Sandra, his steadfast wife, Cassandra King. She smoothed out the rough places for him and calmed the turbulence of his life. She loved him unconditionally, as he loved her. She brought him peace at last."

"Pat Conroy may have come to live among us involuntarily, but he stayed among us by choice and enriched us all for more than fifty years. Many of us saw ourselves reflected in his published words. Some of us he entertained grandly. Others of us he outraged greatly. To all of us, he gave a rare gift. He came to us from afar, like Faulkner and like Wolfe. But I respectfully suggest, in ways more real and more loving than either of them, that he gave to us the opportunity, in the phrase of Burns, "to see ourselves as others see us." For this alone, we should be forever grateful to Pat Conroy, our very own prince of tides. "Good-night, sweet prince. May flights of angels sing thee to thy rest." Hamlet, Act V, Scene 2."

"Harry Byrd and his organizations were rich and valuable parts of any southern uniqueness of history and humanity. Byrd was born of the somber side of southern history. His organization, notwithstanding its faults, was truly coined from the mint of its time. If it was parsimonious, it emerged from a period when Virginia had little of which to give. If it feared deficits, it remembered the state's staggering Reconstruction debts. If it was oligarchic, it was so by reason of long inheritance. If it was regionally oriented, it bore still the scarred tissue of the Civil War. If it was rurally flavored, it respected the power of the farmer's franchise and the state's agrarian heritage. If it was slow- too slow- to change, Virginia had long been changeless."

"There are those who end life feeling the future will nourish their cause. There are those also whose causes pass with themselves. Harry Byrd's cause belonged to the latter category. In the nation a more positive role for federal government was fast becoming an American political axiom; likewise, Harry Byrd's Virginia would soon seem but yesteryear's quaint and curious memento. But Byrd's personal cause- his honesty, courtesy, in short, his humanity- was not tied to time. The greatest men have often urged dated or debatable specifics. George Washington urged against foreign alliances; Thomas Jefferson dreamed of an agrarian utopia; Woodrow Wilson warred against bigness in American life; Robert E. Lee struggled valiantly for a divided nation. History values men as much for what they are for as for what they espouse. Let not its view of balanced budgets determine its judgment of Harry Byrd."

"A discrepancy of this order of magnitude, by a real estate developer sizing up his own living space of decades, can only be considered fraud."

"That Liberty, Which, not the thunder of Bellona's voice, With fleets, and armies, from the British shore, Shall wrest from us."

"Gravity is the most practical qualification of the physician."

"When the patient is dead, it was the disease killed him, not the Doctor. Dead men tell no tales."

"Experience is a great softener of the mind; it gives knowledge."

"Adams' legacy nonetheless broke barriers for women in the legal profession and established a precedent for women achieving high political office."

"My goal is to work with my colleagues on the bench to help drive change to improve service to the public. These reforms include increasing efficiency and saving public resources, while making sure every person served by our court is treated with dignity and respect."

"When I began to really feel frightened at work was when it became evident no entity was going to intervene. The judicial system does not seem equipped to handle really bad behavior, so it inadvertently rewards bullying."

"I was going to get a gun or a taser or something. I was going to do something to protect myself."

"Judge Becker’s many written decisions establish her as a fair and balanced judge, one who knows how to look at a case from all sides and resolve it with the quiet voice of legal reasoning."

"Her colleagues consistently choose her for leadership positions in recognition of her common sense and hard work."

"I’m not a liberal or a conservative. I look at the issues and make decisions based on what I believe."

"I have a vested interest in what goes on here. She went on to add that the members of the council worked together to serve the entire community, even though we disagree at times."

"She was short in stature, but she was a giant among giants in the things that she stood for."

"Miss Fannie’ was a powerhouse in our community. Advocating and securing needed assistance for vulnerable populations and serving in many key roles to address equity and fairness issues."

"The fact that Fannie stayed there and overcame the adversity she had to and did what she did for the community, I find that amazing."

"And (Birckhead) went on to even greater heights. She really reached heights no other Black woman reached."

"This was a lady who respected space and time in politics. She wasn’t about the buddy-buddy system. She was about moving forward and what’s in the best interest of the community, not the individual."

"She might disagree with a stance of someone else on council, but she was always very respectful. She never made it personal, and boy, could we use some more of that in politics today"

"She served as a role model and mentor to numerous young men and women throughout her distinguished career in public service."

"She never called me her stepson. She called me her son. She was always on my side, as long as I was doing the right thing."

"Over the years I’ve reflected on … all of the seeds that she has planted in me, and how she has watered them over the years and watched them grow. She has made me feel like there’s not anything that I can’t accomplish, that I can’t do, that I can’t overcome."

"Mrs. Birckhead always gave of her time and talents. Volunteering was her life’s work."

"The diversity of Mrs. Birckhead’s background is remarkable."

"In these last years, visiting with her family brought her the most pleasure."

"It is about an industry, and in particular these Defendants, that survives, and profits, from selling a highly addictive product which causes diseases that lead to a staggering number of deaths per year, an immeasurable amount of human suffering and economic loss, and a profound burden on our national health care system. Defendants have known many of these facts for at least 50 years or more. Despite that knowledge, they have consistently, repeatedly, and with enormous skill and sophistication, denied these facts to the public, to the Government, and to the public health community. Moreover, in order to sustain the economic viability of their companies, Defendants have denied that they marketed and advertised their products to children under the age of eighteen and to young people between the ages of eighteen and twenty-one in order to ensure an adequate supply of “replacement smokers,” as older ones fall by the wayside through death, illness, or cessation of smoking. In short, Defendants have marketed and sold their lethal product with zeal, with deception, with a single-minded focus on their financial success, and without regard for the human tragedy or social costs that success exacted."

"[...] over the course of more than 50 years, Defendants lied, misrepresented, and deceived the American public, including smokers and the young people they avidly sought as “replacement smokers,” about the devastating health effects of smoking and environmental tobacco smoke, they suppressed research, they destroyed documents, they manipulated the use of nicotine so as to increase and perpetuate addiction, they distorted the truth about low tar and light cigarettes so as to discourage smokers from quitting, and they abused the legal system in order to achieve their goal – to make money with little, if any, regard for individual illness and suffering, soaring health costs, or the integrity of the legal system."

"At least 46 people held at the Guantánamo Bay, Cuba detention camp joined a disputed number of fellow detainees already refusing food in protest of their indefinite detention last week, the Department of Defense said in a statement yesterday. [...] Thirty-two hunger strikers have been hospitalized and force-fed through nasal tubes, a prison camp spokesperson told the Boston Globe. In late October, US District Judge Gladys Kessler ordered the Defense Department to notify the lawyers of prisoners it intends to force-feed before doing so."

"People like the effects of inflation on income but not on living costs. And so, while talk of halting inflation is common enough, anything actually done to gain that end would prove unpopular with some group. It has become a national pastime to blame everyone else for inflation—a pastime in which the Truman administration has participated freely. We suppose that is part of the price of an era in which too many people have come to expect Government to socialize their losses and individualize their gains—if the gains fall below certain brackets."

"Since the earliest ages every civilized community has provided for the protection of the citizen from defamation of character, and practically the same theories of redress and penalties as exist to-day were held under the very ancient laws."

"A distinction between criticism and defamation is, that criticism deals only with such things as invite public attention or call for public comment, and does not follow a man into his private life, or pry into his domestic concerns. It never attacks the individual, but only his work. A criticism of a public man, consisting of imputations upon his motives, which arise fairly and legitimately out of his conduct, is generally regarded as justifiable."

"“We absolutely must make sure that corporations are not cross price gouging. And so we know that corporations are seeing 70-year record profits and using that as a cover for inflation and jacking up prices. And Congress can stop that.”"

"“Reform means that we absolutely must secure the border. … We also must have a clear pathway to citizenship for Dreamers and for those who serve honorably in the military.”"

"“I follow my oath to administer justice faithfully and impartially, in accordance with the Constitution and the laws of this country,”"

"“I was raised to remember that I come from those who survived.”"

"“From both sides of my family, [there is] a very heavy emphasis on the importance of education, which is something that has really been the key to my ability to do what I’ve done … To take my education seriously, and to be able to go to college and beyond that has absolutely been foundational to my success.”"

"“On both sides of my family, governments, other entities, really sought to wipe us out … My father really instilled in me the importance of recognizing that I came from people who persisted, people who were lucky enough to survive, and that my existence is dependent upon those people’s persistence and resilience.”"

"“I believe my role is to listen carefully, with neutrality and fairness, and to apply the law regardless of my personal, subjective beliefs.”"

"In every forum and nearly every case, children are impacted. They are impacted when their parents cannot parent due to drug and alcohol issues landing them in court, they are impacted when their needs were not met as children and they become involved in the juvenile justice system."

"It is, however, enormously difficult to provide court and social services to these children and families when funding is minimal at best or non-existent at worst."

"Despite the efforts of many tribal judges and the good intentions of state courts, we find ourselves continually justifYing our existence and our skill sets."

"I know that and can address those issues in a systematic way, recognizing that these families are complex systems and that the parents come to the court not solely borne out oftheir own difficulties and bad choices, but also out ofthe pattern of abuse and neglect that has been part oftheir family for generations."

"There is no doubt in my mind and in my experience that the therapeutic approach benefits the individual, and therefore the community, far more."

"All children deserve stability and most agree that a child in foster care lacks stability."

"No one wants to see a child stay in foster care one minute longer than is absolutely necessary to ensure her safety."

"Every day there is something that makes me reflect that this is a historical appointment that is meaningful to other people."

"I don't know that there's ever been a drum group or those sounds in that building. But there are now, and I wanted to make a public statement that we're here — and that I belong there."

"I became really interested in how the law functions as this underpinning of our society and codifies the ways we interact with each other in ways that we don't even really think about."

"My view has been since the moment I decided to apply for this position, I'm going to be who I am."

"If Gov. [Jay] Inslee or the public doesn't embrace that, that's OK, but I can't pretend to be someone other than who I am."

"I've had people say, ‘You don't look like a judge,’ and they've said that in lots of different ways. [But] I do look like a Supreme Court justice, because I am one."

"It really has been only recently that I've seen the judiciary recognize that and want to take a leadership role in that area. That's absolutely something that I think is a critical part of what a supreme court does and should be doing — in terms of talking about [this problem] and acknowledging that it exists, but also being a problem solver."

"Every single family in my years of tribal court work had a story to tell about that."

"I know what that intergenerational trauma looks like and what the consequences are. If I have the ability in this position to give a voice to that story, I'm going to take it."

"The assumption has been, throughout my entire career, that because I am not white that I am not fair or I am not neutral."

"I’m not afforded the presumption of neutrality or objectivity that my colleagues are — I have to prove that I am neutral or objective."

"It's part of my obligation that I do whatever possible in this position to encourage other people who are otherwise underrepresented — whether that's communities of color, first-generation college students, people from poor communities — to picture themselves in roles that have otherwise been closed to them."

"I'm not in this because I want to be in the history books as someone who was the first. That matters, and it matters to a lot of people. But what really matters to me is that I not be the last."

"The song birds are the sweetest In Kentucky; The thoroughbreds are the fleetest In Kentucky; Mountains tower proudest, Thunder peals the loudest, The landscape is the grandest — And politics — the damnedest In Kentucky."