Justices Of The Supreme Court Of The United States

"The patent act uses the phrase 'useful invention' merely incidentally. ... All that the law requires is, that the invention should not be frivolous or injurious to the well-being, good policy, or sound morals of society. The word 'useful,' therefore, is incorporated into the act in contradistinction to mischievous or immoral. For instance, a new invention to poison people, or to promote debauchery, or to facilitate private assassination, is not a patentable invention. But if the invention steers wide of these objections, whether it be more or less useful is a circumstance very material to the interests of the patentee, but of no importance to the public. If it be not so extensively useful, it will silently sink into contempt and disregard."

"Here shall the Press the People's right maintain, Unawed by influence and unbribed by gain; Here Patriot Truth her glorious precepts draw, Pledged to Religion, Liberty, and Law."

"I am not able to understand how it can be correctly said in a legal sense, that an action will not lie even in the case of a wrong or a violation of a right, unless it is followed by some perceptible damage which can be established as a matter of fact; in other words, that injuria sine damno is not actionable. On the contrary, from my earliest reading I have considered it laid up among the very elements of the common law, that wherever there is a wrong there is a remedy to redress it; and that every injury imports damage in the nature of it; and if no other damage is established, the party injured is entitled to a verdict for nominal damages."

"It has often been matter of regret in modern times that, in the construction of the Statute of Limitations, the decisions had not proceeded upon principles better adapted to carry into effect the real objects of the Statute; that instead of being viewed in an unfavourable light as an unjust and discreditable defence, it had not received such support as would have made it what it was intended to be, emphatically a Statute of repose. It is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state of the transaction may be forgotten, or be incapable of explanation by reason of the death or removal of witnesses."

"The real object of the First Amendment was, not to countenance, much less to advance Mahometanism, or Judaism, or infidelity, by prostrating Christianity; but to exclude all rivalry among Christian sects, and to prevent any national ecclesiastical establishment, which should give to an hierarchy the exclusive patronage of the national government. It thus cut off the means of religious persecution, (the vice and pest of former ages,) and of the subversion of the rights of conscience in matters of religion, which had been trampled upon almost from the days of the Apostles to the present age. The history of the parent country had afforded the most solemn warnings and melancholy instructions on this head; and even New England, the land of the persecuted puritans, as well as other colonies, where the Church of England had maintained its superiority, would furnish out a chapter, as full of the darkest bigotry and intolerance, as any, which should be found to disgrace the pages of foreign annals. Apostacy, heresy, and nonconformity had been standard crimes for public appeals, to kindle the flames of persecution, and apologize for the most atrocious triumphs over innocence and virtue."

"I will not say with Lord Hale, that "the law will admit of no rival, and nothing to go even with it;" but I will say, that it is a jealous mistress, and requires a long and constant courtship. It is not to be won by trifling favours, but by a lavish homage."

"Article VI, paragraph 3 of the U.S. Constitution declares, that 'no religious test shall ever be required as a qualification to any office or public trust under the United States.' This clause is not introduced merely for the purpose of satisfying the scruples of many persons, who feel an invincible repugnance to any religious test, or affirmation. It had a higher objective: to cut off for ever every pretence of any alliance between church and state in the national government."

"Be brief, be pointed, let your matter stand Lucid in order, solid and at hand; Spend not your words on trifles but condense; Strike with the mass of thought, not drops of sense; Press to close with vigor, once begun, And leave, (how hard the task!) leave off, when done."

"The tax here involved is bad not because it takes money from the pockets of the appellees. If that were all, a wholly different question would be presented. It is bad because, in the light of its history and of its present setting, it is seen to be a deliberate and calculated device in the guise of a tax to limit the circulation of information to which the public is entitled in virtue of the constitutional guaranties."

"A free press stands as one of the great interpreters between the government and the people. To allow it to be fettered is to fetter ourselves."

"The legal right of a taxpayer to decrease the amount of what otherwise would be his taxes, or altogether avoid them, by means which the law permits, cannot be doubted."

"It is impossible to concede that, by the words "freedom of the press," the framers of the amendment intended to adopt merely the narrow view then reflected by the law of England that such freedom consisted only in immunity from previous censorship, for this abuse had then permanently disappeared from English practice. It is equally impossible to believe that it was not intended to bring within the reach of these words such modes of restraint as were embodied in the two forms of taxation already described."

"Since informed public opinion is the most potent of all restraints upon misgovernment, the suppression or abridgement of the publicity afforded by a free press cannot be regarded otherwise than with grave concern."

"If the provisions of the Constitution be not upheld when they pinch as well as when they comfort, they may as well be abandoned."

"Do the people of this land—in the providence of God, favored, as they sometimes boast, above all others in the plenitude of their liberties—desire to preserve those so carefully protected by the First Amendment: liberty of religious worship, freedom of speech and of the press, and the right as freemen peaceably to assemble and petition their government for a redress of grievances? If so, let them withstand all beginnings of encroachment. For the saddest epitaph which can be carved in memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time."

"The liberty of the individual to do as he pleases, even in innocent matters, is not absolute. It must frequently yield to the common good."

"A nuisance may be merely a right thing in the wrong place — like a pig in the parlor instead of the barnyard."

"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect."

"The horse and mule live thirty years And nothing know of wines and beers; The goat and sheep at twenty die, With never a taste of scotch or rye; The cow drinks water by the ton, And at eighteen is mostly done. Without the aid of rum or gin The dog at fifteen cashes in; The cat in milk and water soaks, And then at twelve years old it croaks; The modest, sober, bone-dry hen Lays eggs for nogs and dies at ten; All animals are strictly dry; They sinless live and swiftly die, While sinful, gleeful, rum-soaked men Survive for three score years and ten. And some of us - a mighty few - Stay pickled 'till we're ninety-two."

"Wealth, power, the struggle for ephemeral social and political prestige, which so absorb our attention and energy, are but the passing phase of every age; ninety-day wonders which pass from man’s recollection almost before the actors who have striven from them have passed from the stage. ... What is significant in the record of man’s development is none of these. It is rather those forces in society and the lives of those individuals, who have, in each generation, added something to man’s intellectual and moral attainment, that lay hold on the imagination and compel admiration and reverence in each succeeding generation."

"Stone ... castigated the educated elites, especially lawyers and judges, who used their skills to become “the obsequious servant of business” and in the process were “tainted with the morals and manners of the marketplace in its most anti-social manifestations.” And he warned law schools that their exclusive focus on “proficiency” overlooked “the grave danger to the public if this proficiency be directed wholly to private ends without thought of the social consequences.” He lambasted “the cramped mind of the clever lawyer, for whom intellectual dignity and freedom had been forbidden by the interests which he served.” He called the legal profession’s service to corporation power a “sad spectacle” and attorneys who sold their souls to corporations “lawyer criminals.”"

"Words, especially those of a constitution, are not to be read with such stultifying narrowness."

"The right to participate in the choice of representatives for Congress includes, as we have said, the right to cast a ballot and to have it counted at the general election whether for the successful candidate or not."

"Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality."

"Democracy cannot survive without the guidance of a creative minority."

"Thus viewed, law as it exists in the modern community may be conveniently, although perhaps not comprehensively, defined as the sum total of all those rules of conduct for which there is state sanction."

"Just what instrumentalities of either a state or the federal government are exempt from taxation by the other cannot be stated in terms of universal application."

"To say that only those businesses affected with a public interest may be regulated is but another way of stating that all those businesses which may be regulated are affected with a public interest."

"The amendment states but a truism that all is retained which has not been surrendered."

"History teaches us that there have been but few infringements of personal liberty by the state which have not been justified, as they are here, in the name of righteousness and the public good, and few which have not been directed, as they are now, at politically helpless minorities."

"There is grim irony in speaking of the freedom of contract of those who, because of their economic necessities, give their service for less than is needful to keep body and soul together."

"The law itself is on trial in every case as well as the cause before it."

"The guarantees of civil liberty are but guarantees of freedom of the human mind and spirit and of reasonable freedom and opportunity to express them...The very essence of the liberty which they guarantee is the freedom of the individual from compulsion as to what he shall think and what he shall say..."

"No one was more sensitive than Mr. Justice Harlan to any suggestion that his approach to the Due Process Clause would lead to judges 'roaming at large in the constitutional field.'"

"His thinking threw light in a very introspective way on the entire process of the judicial function. His decisions, beyond just the vote they represented, were sufficiently philosophical to be of enduring interest. He decided the case before him with that respect for its particulars, its special features, that marks alike the honest artist and the just judge."

"This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process."

"The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements."

"The Due Process Clause of the Fourteenth Amendment stands, in my opinion, on its own bottom."

"This 'liberty' is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on. It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints."

"The danger is perhaps not great if the people of one State, through their legislature, decide that Lady Chatterley's Lover goes so far beyond the acceptable standards of candor that it will be deemed offensive and non-sellable, for the State next door is still free to make its own choice. At least we do not have one uniform standard. But the dangers to free thought and expression are truly great if the Federal Government imposes a blanket ban over the Nation on such a book. [...] The fact that the people of one State cannot read some of the works of D. H. Lawrence seems to me, if not wise or desirable, at least acceptable. But that no person in the United States should be allowed to do so seems to me to be intolerable, and violative of both the letter and spirit of the First Amendment."

"These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements."

"Without this guarantee that one may not be deprived of his rights, neither liberty nor property, without due process of law, the State's monopoly over techniques for binding conflict resolution could hardly be said to be acceptable under our scheme of things. Only by providing that the social enforcement mechanism must function strictly within these bounds can we hope to maintain an ordered society that is also just.""

"One man's vulgarity is another's lyric."

"It's fine if the law bans books because government won't really enforce it."

"For the past 11 years, I’ve taught hundreds of students, primarily at Harvard Law School. I teach that the Constitution’s separation of powers protects individual liberty, and I remain grateful to the dean who hired me, Justice Elena Kagan."

"...candidates for a Supreme Court seat that had opened up after Justice John Paul Stevens announced his retirement in early April. I settled on the brilliant young solicitor general and former Harvard Law School dean Elena Kagan"

"Subsequent hearings have presented to the public a vapid and hollow charade, in which repetition of platitudes has replaced discussion of viewpoints and personal anecdotes have supplanted legal analysis. Such hearings serve little educative function, except perhaps to reinforce lessons of cynicism that citizens often glean from government. Neither can such hearings contribute toward an evaluation of the Court and a determination whether the nominee would make it a better or worse institution. A process so empty may seem ever so tidy — muted, polite, and restrained — but all that good order comes at great cost."

"I love Justice Marshall. He did an enormous amount for me. But if you confirm me to this position, you will get Justice Kagan. You won't get Justice Marshall, and that's an important thing."

"My politics would be, must be, have to be, completely separate from my judgment."

"It is absolutely true that I have served in two Democratic administrations. You can tell something from me and my political views from that."