courts

"Though I have been trained as a soldier, and participated in many battles, there never was a time when, in my opinion, some way could not be found to prevent the drawing of the sword. I look forward to an epoch when a court, recognized by all nations, will settle international differences, instead of keeping large standing armies as they do in Europe."

"Whenever it has been my ill fortune to be present in court during the hearing of a case about which I had some first-hand knowledge, I have been struck by the fact that no crude truth is allowed to penetrate within those august portals. The truth that gets into a law court is not the naked truth but the truth in court dress, with all its less decent portions concealed. I do not say that this applies to the trial of straightforward crimes, such as murder or theft, but it applies to all those into which an element of prejudice enters, such as political trials, or trials for obscenity. I believe that in this respect England is worse than America, for England has brought to perfection the almost invisible and half-conscious control of everything unpleasant by means of feelings of decency. If you wish to mention in a law court any unassimilable fact, you will find that it is contrary to the laws of evidence to do so, and that not only the judge and the opposing counsel but also counsel on your side will prevent the said fact from coming out."

"Christ says, "Do not resist evil." The sole object of courts of law is — to resist evil. Christ enjoins us to return good for evil. Courts of law return evil for evil. Christ says, "Make no distinction between the just and the unjust." Courts of law do nothing else. Christ says, "Forgive all. Forgive not once, not seven times, but forgive without end." "Love your enemies." "Do good to those who hate you." Courts of law do not forgive, but they punish; they do not do good, but evil, to those whom they call the enemies of society. So, the true sense of the doctrine is that Christ forbids all courts of law."

"Do not deny God."

"It was said by a very learned Judge, Lord Macclesfield, towards the beginning of this century that the most effectual way of removing land marks would be by innovating on the rules of evidence; and so I say. I have been in this profession more than forty years, and have practised both in Courts of law and equity; and if it had fallen to my lot to form a system of jurisprudence, whether or not I should have thought it advisable to establish two different Courts with different jurisdictions, and governed by different rules, it is not necessary to say. But, influenced as I am by certain prejudices that have become inveterate with those who comply with the systems they found established, I find that in these Courts proceeding by different rules a certain combined system of jurisprudence has been framed most beneficial to the people of this country, and which I hope I may be indulged in supposing has never yet been equalled in any other country on earth. Our Courts of law only consider legal rights: our Courts of equity have other rules, by which they sometimes supersede those legal rules, and in so doing they act most beneficially for the subject. We all know that, if the Courts of law were to take into their consideration all the jurisdiction belonging to Courts of equity, many bad consequences would ensue. To mention only the single instance of legacies being left to women who may have married inadvertently: if a Court of law could entertain an action for a legacy, the husband would recover it, and the wife might be left destitute: but if it be necessary in such a case to go into equity, that Court will not suffer the husband alone to reap the fruits of the legacy given to the wife; for one of its rules is that he who asks equity must do equity, and in such a case they will compel the husband to make a provision for the wife before they will suffer him to get the money. I exemplify the propriety of keeping the jurisdictions and rules of the different Courts distinct by one out of a multitude of cases that might be adduced. . . . One of the rules of a Court of equity is that they cannot decree against the oath of the party himself on the evidence of one witness alone without other circumstances: but when the point is doubtful, they send it to be tried at law, directing that the answer of the party shall be read on the trial; so they may order that a party shall not set up a legal term on the trial, or that the plaintiff himself shall be examined; and when the issue comes from a Court of equity with any of these directions the Courts of law comply with the terms on which it is so directed to be tried. By these means the ends of justice are attained, without making any of the stubborn rules of law stoop to what is supposed to be the substantial justice of each particular case; and it is wiser so to act than to leave it to the Judges of the law to relax from those certain and established rules by which they are sworn to decide."

"It is unnecessary to show what passes in England, a country as famed for justice, and other great qualifications, as any other country: justice is there administered in such a manner as to exalt it above the other countries of the earth. It is our duty to administer justice in such a way as to give satisfaction to all parties."

"It will make a greater heat in the city not to grant this (writ) than otherwise."

"So long as Courts of justice remain Courts of justice there must be decency maintained."

"Let us have no breaking of the peace in Court."

"An English Court cannot judge by the light of nature."

"I hope we are now past that time of day that humming and hissing shall be used in Courts of justice; but I would fain know that fellow that dare to hum or hiss while I sit here; I will assure him, be he who he will, I will lay him by the heels and make an example of him. Indeed, I knew the time when causes were to be carried according as the mobile hissed or hummed; and I do not question but they have as good a will to it now. Come, Mr. Ward, pray let us have none of your fragrancies, and fine rhetorical flowers, to take the people with."

"Pray let us have no laughing, it is not decent."

"The criminal suit is open to every one, the civil suit to every one showing an interest."

"The Court is to be guided by equity and good conscience, and the best evidence."

"It is not necessary in a Court of law to inquire into the modes of proceeding by which Courts of equity are guided."

"The Courts can take no notice of anything but what comes judicially before them."

"The Courts of law are not provided at the public expense, and were not intended by those who so provided them, for the settlement of any but differences which do arise in the ordinary course of business."

"I think Courts of justice must always act upon the theory of very great probability being sufficient."

"Every Court is the guardian of its own records, and master of its own practice."

"By common courtesy, credit is given to Courts which have pronounced the law, that they have proceeded legally."

"These Courts were very properly adapted to the customs, manners, genius and policy of a people upon their first settlement: but, like all other human jurisdictions, vary in the course and progress of time, as the Government and manners of a people take a different turn, and fall under different circumstances."

"I had never before argued a Supreme Court case on my own. Since arguments in that court are thirty minutes in length per side, and since most of the time consumed in argument is taken up with responses to questions of the Court, Dean [Ringel] and I devoted most of our preparation to three overlapping issues, ones that have consumed my attention in every later Supreme Court argument as well. The first was jurisprudential in nature. What rule of law were we urging the Court to adopt? How would it apply in any future case? What would be its impact on First Amendment legal doctrine?"

"All general business corporation statues appear to date from well after 1800.. The Framers thus took it as a given that corporations could be comprehensively regulated in the service of the public welfare. Unlike our colleagues, they had little trouble distinguishing corporations from human beings, and when they constitutionalized the right to free speech in the First Amendment, it was the free speech of individual Americans they had in mind. The fact that corporations are different from human beings might seem to need no elaboration, except that the majority opinion almost completely elides it…. Unlike natural persons, corporations have ‘limited liability’ for their owners and managers, ‘perpetual life,’ separation of ownership and control, ‘and favorable treatment of the accumulation of assets….’ Unlike voters in U.S. elections, corporations may be foreign controlled. ...It might be added that corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of ‘We the People’ by whom and for whom our Constitution was established."

"For nearly 40 years, the Supreme Court has been evading the 14th Amendment's provision of "equal protection" of the law for all, in order to let government-imposed group preferences and quotas continue, under the name of "affirmative action." Equal rights under the law have been made to vanish by saying the magic word "diversity," whose sweeping benefits are simply assumed and proclaimed endlessly, rather than demonstrated."

"It is true that diminished legitimacy may be restored, but only slowly. Unlike the political branches, a Court thus weakened could not seek to regain its position with a new mandate from the voters, and even if the Court could somehow go to the polls, the loss of its principled character could not be retrieved by the casting of so many votes. Like the character of an individual, the legitimacy of the Court must be earned over time. So, indeed, must be the character of a Nation of people who aspire to live according to the rule of law. Their belief in themselves as such a people is not readily separable from their understanding of the Court invested with the authority to decide their constitutional cases and speak before all others for their constitutional ideals. If the Court's legitimacy should be undermined, then, so would the country be in its very ability to see itself through its constitutional ideals. The Court's concern with legitimacy is not for the sake of the Court but for the sake of the Nation to which it is responsible."

"Madison’s “harmonious system of mutual frustration,” as the historian Richard Hofstadter called it, survived in continuity through many changes. The constitutional debates of 1787–88 fed into the contests of political modernity, giving it new terms and new metaphors. The Constitution itself became a stake in the American version of the contest between liberalism and conservatism. Appointments to its legal guardian, the Supreme Court, were fought over in partisan terms by the White House and Senate. The justices decried the labels, which they said caricatured their work. For the bulk of legal disputes that reached them, the point was fair, but for the rarer but headline cases of deep political division and high constitutional controversy—slavery, business and labor, personal morals, institutional powers—the complaint missed the mark, as a historic record of reliable partisanship along liberal-left and conservative-right lines suggested."

"Decades ago, Justice Louis D. Brandeis declared that "the reason the public thinks so much of the Justices of the Supreme Court is that they are almost the only people in Washington who do their own work." Today, no knowledgeable observer of the court would make a similar claim. As late as 1940, most clerks acted primarily as secretaries. In some cases a clerk might contribute an important footnote to an opinion, but not until Justice Frank Murphy and Chief Justice Fred Vinson joined the court in the 1940s did clerks take the lead in writing opinions and sometimes determine a justice's vote. As the number of clerks increased from two to three and, finally, to four, so did their involvement in their justice's work."

"Conservatives on the Supreme Court have repeatedly gutted provisions of the 1974 amendments to the Federal Election Campaign Act (FECA), most famously in 2010 with their notorious Citizens United decision. With that stroke, over the loud objections of the four “liberals” on the Court, corporations were absolutely deemed as “persons” with full constitutional rights, and billionaires or corporations pouring massive amounts of money into campaign coffers was changed from “bribery and political corruption” to an exercise of the constitutionally-protected “right of free speech.”... Increasingly, because of the Supreme Court’s betrayal of American values, it’s become impossible for people... to rise from social worker to the United States Senate without big money behind them. Our media is absolutely unwilling to call this what even Andrew Jackson would have labeled it: political corruption. But that’s what it is and it’s eating away at our republic like a metastasized cancer... While the naked corruption of Sinema and Joe Manchin is a source of outrage for Democrats across America, what’s far more important is that it reveals how deep the rot of money in American politics has gone, thanks entirely to a corrupted Supreme Court."

"In Justice Stevens’ dissent in Citizens United, he pointed out that corporations in their modern form didn’t even exist when the Constitution was written in 1787 and got its first ten amendments in 1791, including the First which protects free speech.... Noting that corporations “inescapably structure the life of every citizen,” Stevens continued: “It might be added that corporations have no consciences, no beliefs, no feelings, no thoughts, no desires. Corporations help structure and facilitate the activities of human beings, to be sure, and their ‘personhood’ often serves as a useful legal fiction. But they are not themselves members of ‘We the People’ by whom and for whom our Constitution was established.” Even worse than the short-term effect of a corporation’s dominating an election or a ballot initiative, Stevens said (as if he had a time machine to look at us now), was the fact that corporations corrupting politics would, inevitably, cause average working Americans — the 95 percent who make less than $100,000 a year — to conclude that their “democracy” is now rigged."

"Donald Trump is an astoundingly dangerous candidate for president. He is a pathological liar …"

"We want a Supreme Court which will do justice under the Constitution -- not over it. In our courts we want a government of laws and not of men."

"Throughout American history, the Supreme Court, often derided as the least democratic branch of the federal government, has, paradoxically, best maintained its legitimacy when it has functioned as the most democratic branch—that is, when it has deferred to the constitutional views of Congress, the president, and the country as a whole. For all the invective initially generated by Brown v. Board of Education, which outlawed school segregation, the decision was supported by more than half of the country when it was handed down in 1954, a time when southern minorities were blocking Congress from enacting the civil-rights legislation that the public supported. Many of the most famous decisions by the Warren, Burger, and Rehnquist Courts similarly reflected the popular will: a survey of eighty-eight civil-rights and civil-liberties cases between 1953 and 1994 found that, in most instances, the Supreme Court was generally in sync with public opinion. When public opinion opposed a particular rights claim, so, by and large, did the Supreme Court."

"In the United States at the present day, the reverence which the Greeks gave to the oracles and the Middle Ages to the Pope is given to the Supreme Court. Those who have studied the working of the American Constitution know that the Supreme Court is part of the forces engaged in the protection of the plutocracy. But of the men who know this, some are on the side of the plutocracy, and therefore do nothing to weaken the traditional reverence for the Supreme court, while others are discredited in the eyes of the ordinary quiet citizens by being said to be subversive and Bolshevik."

"Leaks of any kind are rare at the Supreme Court, and Totenberg says there hasn't been such a massive breach in modern history. She called it a "bomb at the court" that undermines everything the body stands for internally and institutionally, including its members' trust in their law clerks and in each other. "No fully-formed draft opinion has been leaked to the press or outside the court," Totenberg says. "Once or twice there may have been leaks that say how is something going to turn out, or after-the-fact that somebody may have changed his or her mind. But this is a full-flown, Pentagon Papers-type compromise of the court's work.""

"And as I say to you, whenever you put a man on the Supreme Court, he ceases to be your friend, you can be sure of that."

"The Supreme Court is a clown show. The idea that these nine individuals carry incredible wisdom is being debunked in real time."

"The court is the least abstract of institutions. It is nine men, nine very human men, participating in a process that can be impressive or disturbing, grave or funny. And contrary to the general impression, the process is more visible than most of what goes on in government."

"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."

"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."

""At the Supreme Court, those who know don’t talk, and those who talk don’t know,” Ginsburg was fond of saying."

"Nine, nine... There have been nine men there for a long, long time, right? So why not nine women?"

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

"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."

"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."

"None of us are safe from the extreme anti-women and anti-L.G.B.T.Q. ideology that now dominates this court."

"There are limits to analyzing the reasoning of published Supreme Court opinions, to say nothing of drafts. Logic and syllogisms don’t carry us very far in the law."

"Every generation, while finding its own uses for the Court, has preserved the Court as a symbol of the need for limits and for continuity in a nation of novelties. The Supreme Court thus become the American political conscience, a kind of secular papacy, a new search in every generation for what the more large-minded and more foresighted of the Founders might have meant if they were alive. It is the Great Remembrancer of our foundations."

"Supreme Court eras are often identified with their chief justices, as is true of the current period that began with Roberts nearly two decades ago. But the Court can be measured also by presidential influence. Certain presidents, such as Franklin D. Roosevelt, who appointed eight justices in his twelve years in office, had a disproportionate effect on the Court. Ronald Reagan and Richard Nixon also stood out for their imprint. The Trump effect, especially in terms of the individuals chosen and the resulting shift in the balance of power, has been incomparable. He is gone from office and they are here for life."

"Clarence doesn't discuss his work with me, and I don't involve him in my work"

"The exceptionally urgent need to reduce the risk of COVID-19 exposure for Medicare and Medicaid patients given the anticipated winter surge in infections tips the equities overwhelmingly in favor of a stay"