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April 10, 2026
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"The trial began with the grand, devastating opening address by the Chief American Prosecutor, Justice Robert H. Jackson. But I took comfort from one sentence in it which accused the defendants of guilt for the regime's crimes, but not the German people."
"He had a reservoir of learning, from which he drew gracefully and effortlessly. But the most marked quality of his judicial and non-judicial writing was not the ability to borrow an apt quotation or to find an idea well expressed by one who had written before him; it was the ability to think brilliantly in original and bold fashion and to express his thoughts in forceful and eloquent English of a style inimitably his own. His writing was pithy and pungent; yet he never sacrificed clarity of thought for a well-turned phrase. He was a master of the paradox; he had a great love of alliteration and his antithetical statements were gems. Yet his wit never descended to the frivolous; it always added a barb to the telling point. His wit was especially telling when turned upon himself or his Court."
"Robert Jackson represented the advocate at his best. He possessed the rare combination of a good jury personality and the qualities of a profound lawyer. He knew how to talk persuasively to a jury of Chautauqua County farmers, yet he could argue the points of law involved in the case with great learning and with unanswerable logic, either before the trial judge or an appellate court. He had high standards of craftsmanship as a lawyer; he was thorough and painstaking in preparation."
"He had a quiet courage, which never led to a bellow of defiance but which permitted him to take in every instance the action he thought best without discernible thought of criticism or personal injury. He was modest in manner, yet supremely confident of himself and his judgment. He had a calm which no crisis could disturb, and standards of honorable conduct which were both rigorous and unshakeable."
"As Attorney General, Solicitor General, and Assistant Attorney General,…he lost but a single case in the Supreme Court. Against [that] may be tallied some twenty-seven arguments which he won."
"Self-reliance, good-humored tolerance, recognition of the other fellow's right to be and to thrive, even though you may not think he is as good as you are, suspicion of authority as well as awareness of its need, disdain of arrogance and self-righteousness, a preference for truculent independence over prudent deference and conformity - these were the feelings that shaped his outlook on life. He liked his kind without being sentimental about it; he was gregarious but shy about intimacies."
"His speech breaks through the printed page. He was one of those rare men whose spoken word survives in type."
"He will live in the living law of the Constitution."
"Nature had given him a bright, strong mind--it was one of the best three or four, possibly five, of the Court during his years of service. It was a disciplined mind — self disciplined, and sharpened by the varied incidents of a general practice. He had attended no college. His engaging style, his easy acquaintance with good literature, he had acquired for himself. Even in his one year of law school, his training had been in practical subjects taught by practical men. The assurance and courage that come from professional mastery, that too he had won for himself. So he became an exemplar of the best virtues we attribute to our tough common-law system. He thought in terms of concrete operations: a good judge should feel responsible for the practicality of his judgments. He displayed, too, a constant concern that the Court's pronouncements convey to the practitioner a workable rule of conduct. To his fingertips, he retained a feel for active practice. This was the American lawyer at his best. What he made of himself is an inspiration and a challenge to all who follow his calling."
"If we concede to the State power and wisdom to single out "duly constituted religious" bodies as exclusive alternatives for compulsory secular instruction, it would be logical to also uphold the power and wisdom to choose the true faith among those "duly constituted." We start down a rough road when we begin to mix compulsory public education with compulsory godliness."
"The day that this country ceases to be free for irreligion it will cease to be free for religion — except for the sect that can win political power."
"It is possible to hold a faith with enough confidence to believe that what should be rendered to God does not need to be decided and collected by Caesar."
"A military order, however unconstitutional, is not apt to last longer than the military emergency. Even during that period, a succeeding commander may revoke it all. But once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principles of racial discrimination in criminal procedure, and of transplanting American citizens. The principle then lies about like a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need. Every repetition imbeds that principle more deeply in our law and thinking, and expands it to new purposes."
"Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity, and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here, he is not law-abiding and well-disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived."
"The chief wrong which false prophets do to their following is not financial... But the real harm is on the mental and spiritual plane. There are those who hunger and thirst after higher values which they feel wanting in their humdrum lives. They live in mental confusion or moral anarchy, and seek vaguely for truth and beauty and moral support. When they are deluded and then disillusioned, cynicism and confusion follow. The wrong of these things, as I see it, is not in the money the victims part with half so much as in the mental and spiritual poison they get. But that is precisely the thing the Constitution put beyond the reach of the prosecutor, for the price of freedom of religion or of speech or of the press is that we must put up with, and even pay for, a good deal of rubbish."
"I do not know what degree of skepticism or disbelief in a religious representation amounts to actionable fraud. James points out that "Faith means belief in something concerning which doubt is theoretically possible." Belief in what one may demonstrate to the senses is not faith. All schools of religious thought make enormous assumptions, generally on the basis of revelations authenticated by some sign or miracle. The appeal in such matters is to a very different plane of credibility than is invoked by representations of secular fact in commerce. Some who profess belief in the Bible read literally what others read as allegory or metaphor, as they read Aesop's fables. Religious symbolism is even used by some with the same mental reservations one has in teaching of Santa Claus or Uncle Sam or Easter bunnies or dispassionate judges. It is hard in matters so mystical to say how literally one is bound to believe the doctrine he teaches, and even more difficult to say how far it is reliance upon a teacher's literal belief which induces followers to give him money."
"If religious liberty includes, as it must, the right to communicate such experiences to others, it seems to me an impossible task for juries to separate fancied ones from real ones, dreams from happenings, and hallucinations from true clairvoyance. Such experiences, like some tones and colors, have existence for one, but none at all for another. They cannot be verified to the minds of those whose field of consciousness does not include religious insight. When one comes to trial which turns on any aspect of religious belief or representation, unbelievers among his judges are likely not to understand, and are almost certain not to believe, him."
"I should say the defendants have done just that for which they are indicted. If I might agree to their conviction without creating a precedent, I cheerfully would do so. I can see in their teachings nothing but humbug, untainted by any trace of truth. But that does not dispose of the constitutional question whether misrepresentation of religious experience or belief is prosecutable; it rather emphasizes the danger of such prosecutions."
"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein."