Lawyers From The United States

"Clearly, heated reactions to the court or to its members are not unusual. Certainly, Justice Blackmun was attacked repeatedly because many disagreed, as I have, with the opinion he offered on behalf of the Court in Roe vs. Wade. Though I have joined opinions disagreeing with Justice Blackmun, I could not imagine ever being discourteous to him merely because we disagreed."

"Unfortunately, from time to time, the criticism of the court goes beyond the bounds of civil debate and discourse. Today it seems quite acceptable to attack the court and other institutions when one disagrees with an opinion or policy. I can still remember traveling along Highway 17 in south Georgia, the Coastal Highway, during the fifties and sixties, and seeing the 'Impeach Earl Warren' signs."

"As I have noted, I find a thoughtful, analytical criticism most helpful. I do not think any judge can address a vast array of cases and issues without testing and re-testing his or her reasoning and opinions in the crucible of debate. However, since we are quite limited in public debate about matters that may come before the court, such debate must, for the most part, occur intramurally, thus placing a premium on outside scholarship."

"On the other hand, the constructive and often scholarly criticism is almost always helpful in thinking about or rethinking decisions. It is my view that constructive criticism goes with the turf, especially when the stakes are so high and the cases arouse passions and emotions. And, in a free society, the precious freedom of speech and the strength of ideas, we at the court could not possibly claim exemption from such criticism. Moreover, we are not infallible, just final."

"Of course there is much criticism of the court by this group or that, depending on the court's decisions in various highly publicized cases. Some of the criticism is profoundly uninformed and unhelpful. And all too often, uncivil second-guessing is not encumbered by the constraints of facts, logic or reasoned analysis."

"As Ralph Ellison wrote more than 35 years ago, 'Why is it so often true that when critics confront the American as Negro, they suddenly drop their advanced critical armament and revert with an air of confident superiority to quite primitive modes of analysis?' Those matters accomplished by whites are routinely subjected to sophisticated modes of analysis. But the when the selfsame matters are accomplished by blacks, the opaque racial prism of analysis precludes such sophistication, and all is seen in black and white. And some who would not venture onto the more sophisticated analytical turf are quite content to play in the minor leagues of primitive harping. The more things change, the more they remain the same."

"Though being underestimated has its advantages, the stench of racial inferiority still confounds my olfactory nerves."

"With respect to my following, or, more accurately, being led by other members of the Court, that is silly, but expected since I couldn't possibly think for myself. And what else could possibly be the explanation when I fail to follow the jurisprudential, ideological and intellectual, if not anti-intellectual, prescription assigned to blacks. Since thinking beyond this prescription is presumptively beyond my abilities, obviously someone must be putting these strange ideas into my mind and my opinions."

"One of the interesting surprises is the virtual isolation, even within the court. It is quite rare that the members of the court see each other during those periods when we're not sitting or when we're not in conference. And the most regular contact beyond those two formal events are the lunches we have on conference and court days."

"As such, I think that it would be in derogation of our respective oaths and our institutional obligations to our country to engage in uncivil behavior. It would also be demeaning to any of us who engages in such conduct. Having worn the robe, we have a lifetime obligation to conduct ourselves as having deserved to wear the robe in the first instance."

"Unlike the unfortunate practice or custom in Washington and in much of the country, the court is a model of civility. It's a wonderful place. Though there have been many contentious issues to come before the court during these initial years of my tenure, I have yet to hear the first unkind words exchanged among my colleagues. And quite frankly, I think that such civility is the sine qua non of conducting the affairs of the court and the business of the country."

"I make no apologies for this view now, nor do I intend to do so in the future. I have now been on the court for seven terms. For the most part, it has been much like other endeavors in life. It has its challenges and requires much of the individual to master the workings of the institution. We all know that. It is, I must say, quite different from what I might have anticipated if I had the opportunity to do so."

"This makes it all the more important that our fallible ideas be examined as all ideas are in the realm of reason, not as some doctrinal or racial heresy. None of us — none of us have been appointed by God or appointed God. And if any of us has, then my question is why hasn't he or she solved all these problems."

"I, for one, see this in much the same way I saw our denial of rights — as nothing short of a denial of our humanity. Not one of us has the "gospel," nor are our opinions based upon some revealed precepts to be taken as faith. As thinking, rational individuals, not one of us can claim infallibility, even from the overwhelming advantage of hindsight and Monday-morning quarterbacking."

"But three decades have evaporated in our lives, too quickly and without sufficient residual evidence of their importance. But much has changed since then. The hope that there would be expeditious resolutions to our myriad problems has long since evaporated with those years. Many who debated and hoped then, now do neither. There now seems to be a broad acceptance of the racial divide as a permanent state. While we once celebrated those things that we had in common with our fellow citizens who did not share our race, so many now are triumphal about our differences, finding little, if anything, in common. Indeed, some go so far as to all but define each of us by our race and establish the range of our thinking and our opinions, if not our deeds by our color."

"The life I had dreamed of so often during those hot summers on the farm in Georgia or during what seemed like endless hours on the oil truck with my grandfather, expired as Dr. King expired. As so many of you do, I still know exactly where I was when I heard the news. It was a low moment in our nation's history and a demarcation between hope and hopelessness for many of us."

"It was this event that shattered my faith in my religion and my country. I had spent the mid-'60s as a successful student in a virtually white environment. I had learned Latin, physics and chemistry. I had accepted the loneliness that came with being "the integrator," the first and the only. But this event, this trauma I could not take, especially when one of my fellow seminarians, not knowing that I was standing behind him, declared that he hoped the S.O.B. died. This was a man of God, mortally stricken by an assassin's bullet, and one preparing for the priesthood had wished evil upon him."

"I am certain that each of us has his or her memories of that terrible day in 1968. For me it was the final straw in the struggle to retain my vocation to become a Catholic priest. Suddenly, this cataclysmic event ripped me from the moorings of my grandparents, my youth and my faith, and catapulted me headlong into the abyss that Richard Wright seemed to describe years earlier."

"Thirty years ago, we all focused intently on this city as the trauma of Dr. King's death first exploded, then sank into our lives. For so many of us who were trying hard to do what we thought was required of us in the process of integrating this society, the rush of hopelessness and isolation was immediate and overwhelming. It seemed that the whole world had gone mad."

"As has become the custom, a wearisome one I admit, this invitation has not been without controversy. Though this unfortunate, this controversy has added little value in the calculus of my decision to be here."

"I'd also like to thank President Jones for his support, Justice Johnson for your strength and your courage and you stick-to-it-tivity, Judge Bailey - who I thought I had gotten into a mess, but having had dinner with him, he got me into a mess — but I have enjoyed your company and the opportunity to learn from you, to get to know you, and perhaps to develop a friendship over the years. And I would like to thank the other members of the Judicial Council for the National Bar Association who have been so courageous and forthright and kind to invite me to join you this afternoon."

"Thank you, Judge Keith, for your kind, warm words. As always, I deeply appreciate the manner in which you have made yourself available over the years for counsel and advice. And I appreciate your courteous and dignified example over the past 15 years. And I might add parenthetically here, I met Judge Keith in the early '80s when I was trying to figure out a way to distribute in excess of 10 million dollars to minorities for scholarships, and was being opposed by individuals who should have been supporting us. And it was his advice and counsel that bolstered us in that effort. We who are just commencing our tenures as judges can only hope to emulate your positive spirit and the strength of character that you've always demonstrated."

"For those of you with whom I do not share the same opinion and perhaps that is many I will take only 30 minutes of your time. And perhaps at least we can part company having known we at least visited for 30 minutes."

"A friend of mine who passed away some nine years ago was an active member of the NBA. And many of you may remember him, Gil Hardy. [Applause.] Probably one of the most painful tragedies for me of my confirmation was to see the name of one of the nicest, most decent human beings I had ever met, besmirched. And Gil was my best friend at both college and at Yale Law School. He was the best man at my wedding and he is the person to whom I went for solace."

"Mister Mayor, my fellow colleagues of both bench and bar, it's a pleasure to be here. And one advantage is that similar to being on the bench, I have heard all of the arguments, and will take them under advisement. I have been told recently that Judge Bailey does not take matters under advisement that frequently, so I will stay out of his court. But it is indeed a pleasure to be here."

"I can't see myself spending the rest of my life as a judge."

"[I claim] my right to think for myself, to refuse to have my ideas assigned to me as though I was an intellectual slave because I'm black."

"To define each of us by our race is nothing short of a denial of our humanity."

"[I disagree] that there is a racial paternalism exception to the principle of equal protection. I believe that there is a 'moral [and] constitutional equivalence,' between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality. Government cannot make us equal; it can only recognize, respect, and protect us as equal before the law."

"This is not an opportunity to talk about difficult matters privately or in a closed environment. This is a circus. It's a national disgrace. And from my standpoint, as a black American, it is a high-tech lynching for uppity blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that unless you kowtow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the U.S. Senate rather than hung from a tree."

"Ronald Reagan isn't the problem. Former president Jimmy Carter was not the problem. The lack of black leadership is the problem"

"These guys are sitting there watching the destruction of our race while arguing about Ronald Reagan"

"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."

"[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."

"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."

"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."

"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."

"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."

"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."

"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 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."

"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."

"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."

"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."

"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."

"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."

"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."

"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."

"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."

"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."