Catholics From The United States

"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"

"[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."