Lawyers From The United States

"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."

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

"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."

"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."

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

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

"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."

"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."

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

"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."

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

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

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

"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]."

"[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."

"[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."

"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."

"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."

"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."

"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."

"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."

"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."

"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 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."

"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 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."

"Justice Scalia, do you sodomize your wife?"

"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."

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

"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.""

"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."

"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."

"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?"

"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."

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

"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."

"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."

"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."

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

"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."

"[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.""

"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."

"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."

"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 ."

"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."

"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."

"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."

"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."

"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."