Lawyers From The United States

"The consequences of the law’s focus on individuals rather than groups are anything but academic. Suppose an employer fires a woman for refusing his sexual advances. It’s no defense for the employer to note that, while he treated that individual woman worse than he would have treated a man, he gives preferential treatment to female employees overall. The employer is liable for treating this woman worse in part because of her sex. Nor is it a defense for an employer to say it discriminates against both men and women because of sex. This statute works to protect individuals of both sexes from discrimination, and does so equally. So an employer who fires a woman, Hannah, because she is insufficiently feminine and also fires a man, Bob, for being insufficiently masculine may treat men and women as groups more or less equally. But in both cases the employer fires an individual in part because of sex. Instead of avoiding Title VII exposure, this employer doubles it."

"Sometimes small gestures can have unexpected consequences. Major initiatives practically guarantee them. In our time, few pieces of federal legislation rank in significance with the Civil Rights Act of 1964. There, in Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids. Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result. Likely, they weren’t thinking about many of the Act’s consequences that have become apparent over the years, including its prohibition against discrimination on the basis of motherhood or its ban on the sexual harassment of male employees. But the limits of the drafters’ imagination supply no reason to ignore the law’s demands. When the express terms of a statute give us one answer and extratextual considerations suggest another, it’s no contest. Only the written word is the law, and all persons are entitled to its benefit."

"I ask my kids every semester when I teach ethics. I finish the semester by asking them to spend five minutes writing their obituary. They hate it. They think it is corny, and it might be a little corny. And then I ask them if they will volunteer to read some of them, and when they do, it always becomes clear people want to be remembered for the kindnesses they showed other people. And what I point out to them- what I try to point out- is that it is not how big your bank account balance is. Nobody ever puts that in their draft obituary, or that they billed the most hours, or that they won the most cases. It is how you treated other people along the way that matters. And for me, it is the words I read yesterday from Increase Sumner's tombstone [see page 321]. And that means as a person I would like to be remembered as a good dad, a good husband, kind and mild in private life, dignified and firm in public life. I have no illusions that I will be remembered for very long. If Byron White is nearly forgotten, as he is now and said he would be, I have no illusions that I will last five minutes. That is as it should be."

"But as a judge looking back, the most you can hope for is you have done fairness to each person who has come before you, decided each case on the facts and the law, and that you have just carried on the tradition of a neutral, impartial judiciary. That is what we do. We just resolve cases and controversies. Lawyers are supposed to be fierce advocates, and I was once a fierce advocate for my clients. But a judge is supposed to listen courteously and rule impartially."

"From the ordinary public meaning of the statute’s language at the time of the law’s adoption, a straightforward rule emerges: An employer violates Title VII when it intentionally fires an individual employee based in part on sex. It doesn’t matter if other factors besides the plaintiff ’s sex contributed to the decision. And it doesn’t matter if the employer treated women as a group the same when compared to men as a group. If the employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee—put differently, if changing the employee’s sex would have yielded a different choice by the employer—a statutory violation has occurred. Title VII’s message is “simple but momentous”: An individual employee’s sex is “not relevant to the selection, evaluation, or compensation of employees.” (Price Waterhouse v. Hopkins, 490 U. S. 228, 239 (1989) (plurality opinion)). The statute’s message for our cases is equally simple and momentous: An individual’s homosexuality or transgender status is not relevant to employment decisions. That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex."

"Despite my real concerns, though, I confess I remain an incorrigible optimist. America has overcome daunting odds time and again. At our nation's birth, almost no serious thinker in Europe thought a democracy could survive long without devolving into chaos or tyranny Yet almost 250 years later, here we stand. For much of our history, the promise of equal treatment under the law looked more like an unserious fiction than an earnest ambition. Yet while much remains to be done, we have made many strides to realize that promise, from the Civil War to the Civil Rights Act of 1964. World wars, terrorist attacks, political assassinations, economic depressions, the fall of other countries to communism and fascism, and so much more have tested our nation, too. Still, America remains the greatest beacon of liberty the world has ever known. The ideals embodied in our Declaration of Independence- that each of us enjoys certain inalienable rights, that all of us are created equal, that governments derive their just power from the consent of the governed- have inspired billions of people around the world and captured truths that resonate in every human heart. I would never bet against the American people."

"In truth, the push and pull between national and local authorities that federalism allows has nothing to do with benefiting one party or another; it has more to do with the fact that no single government can always get it right. Protecting federalism means ensuring that when one government loses its way, another can help light the way back."

"Courage has been essential to the rule of law in this country from the beginning. The Declaration of Independence itself was, at heart, a complaint that the king had denied colonists the rule of law. As justification for their rebellion, colonists cited the fact that the king had withheld assent to duly enacted legislation, refused trial by jury, and prevented colonists from playing a significant role in their own governance. About half of the fifty-six colonists who signed the Declaration were lawyers. They quite literally put their lives on the line to secure a representative government and one of just laws: By signing the declaration, they became marked men who faced certain death if their cause failed."

"Courage remains as important in the legal profession today as it was then. Throughout our history lawyers who have made the greatest mark on this country haven't done so because they were smarter or were born into better families or held more important positions; it was because they were willing to stand firm for justice in the face of immense pressure and often at grave personal costs."

"I immediately lost what breath I had left. And I am not embarrassed to admit that I couldn’t see the rest of the way down the mountain for the tears."

"This overweening addiction to the courtroom as the place to debate social policy is bad for the country and bad for the judiciary. In the legislative arena, especially when the country is closely divided, compromises tend to be the rule the day. But when judges rule this or that policy unconstitutional, there’s little room for compromise: One side must win, the other must lose. In constitutional litigation, too, experiments and pilot programs — real-world laboratories in which ideas can be assessed on the results they produce — are not possible. Ideas are tested only in the abstract world of legal briefs and lawyers arguments. As a society, we lose the benefit of the give-and-take of the political process and the flexibility of social experimentation that only the elected branches can provide."

"Of course, trying to separate the sacred from the secular can be a tricky business—perhaps especially for a civil court whose warrant does not extend to matters divine."

"In fact, the insight of the double effect doctrine is not remotely theologic. As Justice Oliver Wendell Holmes, himself a frequent utilitarian critic of relying on intent, observed, "even a dog distinguishes between being stumbled over and being kicked." Of course, the question remains why should we, as a secular matter, care more about consequences that are intended versus those that are not? What wisdom, if any, lies behind this distinction? Justice Holmes' homespun illustration suggests the beginnings of an explanation. To kick a dog intentionally- to choose to hurt the animal- says something about the kicker, his or her way of interacting with animals and, perhaps, human beings- in short, it tells us at least something about the kicker's character and beliefs, about who the kicker is. By contrast, as Holmes seemed to recognize, watching a person trip over the dog tells us far less about who that person is or about the person's character or beliefs."

"What do I mean by courage? Well, let's start with what I don't mean. I don't mean blind bullheadedness or rudeness or incivility. We have all too much of those things in our culture and in our profession. They are pretenders of courage, not the real thing. For true courage will often require you to admit a mistake, hold your tongue, or wait to fight another day. When it requires you to stand up against the powers arrayed around you, it will also require you to do so with not just respect but affection for your fellow citizen. What I mean by courage is what Atticus Finch meant by it in To Kill a Mockingbird. You may remember that Finch defended an African-American man wrongly accused of raping a white woman in Alabama during the Great Depression- and that in taking on the representation he faced criticism and threats from his friends and community. As he told his daughter in the book: "I wanted you to see what real courage is, instead of getting the idea that courage is a man with a gun in his hand. It's when you know you're licked before you begin but you begin anyway and see it through no matter what.""

"It seems well past time to reconsider our sweeping UPL [Unauthorized Practice of Law] prohibitions. The fact is nonlawyers already perform — and have long performed — many kinds of work traditionally and simultaneously performed by lawyers. Nonlawyers prepare tax returns and give tax advice. They regularly negotiate with and argue cases before the Internal Revenue Service. They prepare patent applications and otherwise advocate on behalf of inventors before the Patent & Trademark Office. And it is entirely unclear why exceptions should exist to help these sort of niche (and some might say, financially capable) populations but not be expanded in ways more consciously aimed at serving larger numbers of lower- and middle-class clients. . . . Consistent with the law of supply and demand, increasing the supply of legal services can be expected to lower prices, drive efficiency, and improve consumer satisfaction."

"The self-defining nature of intended actions can be illustrated by the case, developed earlier in this chapter, of the drivers who hit the child in the street. In one instance, we considered the driver who comes upon a child darting into the street. The driver hits and kills the child by accident. In doing so, the driver indubitably effects an awful result- the consequences he brings about are terrible and, as a result, we may censure and punish the driver. But we may very well treat him differently from another driver who intentionally hunts down the child with her car. For this latter driver, we may say that no punishment is harsh enough. What undergirds the difference in our reaction to the two drivers? It is the difference in their self-definition, volition, choice. The hunting driver expresses herself to the world through her actions, defines who she is and what she believes, in a very different way than the accidental driver. Thus, what really illuminates the darting child hypothetical and ones like it are not arguments over causation but an assessment of human intentions."

"Of course, the movement for legalizing assisted suicide and euthanasia is at least in part the result of a culture increasingly influenced by strict neutralist concepts of autonomy, itself perhaps the byproduct of the baby boomer generation heading into old age... But when it comes not to defending an abstract "right to die" but to making the very concrete and personal decision whether to die, it seems that something more basic may be in play. We have known since Jefferson's time that old-fashioned suicide is often motivated by mental ailments, depression foremost among these. Yet contemporary assisted suicide and euthanasia advocates have long denied that depression plays any meaningful role in assisted suicide and euthanasia requests. The findings in the Journal of Clinical Oncology now point to a contrary conclusion, suggesting that the desire to seek out any early death at the hands of a doctor is itself not so much the result of a dispassionate and cool response to a poor prognosis as it is the product of diagnosable and treatable depression."

"The morally defining nature of intentions can be further illustrated by any number of choices we make in daily living. Most of us might be said, for example, to "allow" the poor in our cities and towns to go hungry because we fail to do enough to help them- spending our time and our money in other pursuits, such as family and friends. We may even fully forsee or know that our failure to do more for the poor will mean that some persons will go hungry. While our choices in such cases indubitably say something about who we are, they do not say the same thing about us as would plotting intentionally to starve others. To seek out to starve another person is to endorse that objective, intelligently choose it, and freely will it. By contrast, the occurrence or nonoccurrence of unintended side effects, even ones we foresee as absolutely inevitable (as with the hungry person left unfed), necessarily say less about our success or failure in effecting our free will and intelligence in the free world. imply put, we live as human beings in a world where we must make choices and take actions that, even when entirely legitimate and good, necessarily harm or damage or impinge upon other goods. And this happens at both the individual and the societal level. In choosing to spend a weekend with family, it may unavoidably mean that some persons in the soup kitchen will go hungry. In choosing to spend additional money on a prescription drug care program that primarily benefits the elderly, we as a society may know with crystalline clarity that we will not be able to increase spending on education for the young. With so many varied and diverse goods to pursue in this life, we cannot help but make choices in pursuit of legitimate and upright aims that also entail inevitable, if unwanted, negative consequences for other instances of human goods."

"I believed that he represented the honest Americanism which flowed from the pioneers. He was for the farmers, whether Swedes, German, Swiss, Irish, or what; and for the industrial workers, native and foreign-born alike. His record was replete with activity in the interests of both. As District Attorney, as Representative in Congress, and as Governor, he had served intelligently and conscientiously. Speaking at county fairs, chautauquas, and other gatherings all over the state, he showed up the rottenness in his own party, exposed appalling inequalities in the Wisconsin taxing system, and the vital importance of public supervision of railroad rates. And now he won re-election as he had won all previous contests for public office. All the mud-slinging had failed to stop him."

"Wealth has never yet sacrificed itself on the altar of patriotism."

"The mobbing of harmless, helpless Negroes in the capital of this country is the nation's everlasting shame. The responsibility for starting the riots, which ruled Washington for days, rests upon disorderly lawless whites. Peaceable, unoffending colored men and boys were beaten up and murdered by brutes who boast of our white civilization."

"LaFollette had long been the subject of vitriolic newspaper attacks because of his stand against the big corporations and the system of which they were a part."

"Whether you serve ultimately as a lawyer or judge, I hope as an officer of the court all the same you will help explain these virtues to your clients, your family, and your friends. In popular culture, we often see people deriding judges who issue unpopular rulings or lawyers who represent unpopular clients. We see those who confuse a judge's ruling or a lawyer's representation with support for the person's cause or personal favoritism or bias. They suggest that when a judge rules for a corporation, he loves corporations. Or that when a lawyer represents a criminal defendant, he loves criminals. Attacks like these miss the mark. They misunderstand completely the role of judge and lawyer. I hope you will help remind those you encounter that if they want to secure their own liberty from oppression, they should want lawyers and judges who are unafraid to follow the law where it leads and enforce the law fearlessly, without bending to the passing whims and wishes of public opinion. For one day, too, you might remind your friends, they could find themselves braced against the prevailing winds of the day, in need of a lawyer and facing a judge. And when that day comes, I hope you will ask them, would they rather stand before a court of public opinion or a court of law?"

"The tall, square-jawed Gorsuch, distinguished by a full head of gray hair and Ivy League credentials, was perfect for a new president drawn to central casting choices."

"Much public debate over assisted suicide and euthanasia both in the U.S. and abroad has rested on the implicit premise that requests for assistance in dying are closely linked to pain. But a great many facts have now amassed running counter to this supposition- the Dutch euthanasia regime has moved away from any requirement of physical or psychological suffering; Oregon has never required a showing of pain of any kind; clinical studies continue to suggest that modern palliative techniques, if disseminated and practiced by knowledgeable doctors, are able to address pain in most, if not all, circumstances; Oregon's annual reports and repeated Dutch surveys suggest that pain simply is not a leading reason motivating patient demands for euthanasia or assisted suicide; there has now long persisted a suggestive correlation between divorce and requests for assisted suicide. And now comes the Journal of Clinical Oncology study suggesting that the major motivation behind assisted suicide and euthanasia is not a poor prognosis but depression."

"Earlier Supreme Court candidates, including John Roberts, had been vetted by the Federalist Society, but Gorsuch, who entered law school only after the society had penetrated campuses, was the first GOP appointee to have been steeped fully in its culture. By the mid-1990s, the organization had developed an entrenched network, playing a major role in judicial selection and helping to screen candidates for top GOP administration slots. After serving as a law clerk to Justice Byron R. White, a fellow Coloradan, and simultaneously for Justice Anthony Kennedy, Gorsuch worked as a top aide in the Justice Department during the Bush administration, for fourteen months, before his Tenth Circuit appointment in 2006. Over his nearly eleven years on the appellate court, Gorsuch espoused the "originalist" approach, reading the Constitution in terms of its eighteenth-century understanding, a practice widely associated with Scalia and tracing years earlier to Robert Bork, a Yale law professor and U.S. appellate court judge whose own 1987 Supreme Court nomination was defeated in a historic Senate battle. Gorsuch had gone fly-fishing with Scalia in 2014 on the Colorado River and had kept an inscribed photograph from the outing. Gorsuch's nomination appeared to reinforce Trump's vow to appoint justices who would reverse Roe v. Wade, as Gorsuch's record suggested opposition to abortion rights. In his book The Future of Assisted Suicide and Euthanasia, published in 2006 by Princeton University Press, Gorsuch argued against such practices and emphasized the "inviolability" of human life."

"In contrast to unintended consequences, intended acts are always within our control, subjects of our free will and choice. Because we can always choose to refrain from doing intentional harm to others- because our purposeful actions are within our control- our intentional choices necessarily reveal more about our character and individuality than any unintended side effect ever can. To disregard whether or not an act is intended would be, thus, in a very real way to disregard the role of free will in the world- leaving, for example, those who fail to assist charities that feed the hungry open to censure and penalties as those who would starve such persons. Precisely to avoid such acts of injustice in implicit recognition of commonsense (nontheologic) moral power of the double effect insight, secular American criminal law has long calibrated different levels of responsibility and punishment based on different levels of mens rea. The purposeful killer is considered for lethal injection while the individual who kills in self-defense, foreseeing death as a consequence but intending only to stop the aggression, may receive no punishment at all. The driver who speeds with reckless disregard for the consequences to others but without any intent to harm the darting child may receive jail time but is often treated far differently from the depraved killer who sets out witha purposeful plan to murder the child. The one who disregards the hungry and homeless may not command respect and admiration, but he or she is not subjected to the same penalties as one who deliberately harms such persons."

"I have become more and more impressed with the deep underlying singleness of the issue. It is not the tariff or conservation or the currency. It is not the trusts. The supreme issue, involving all the others, is the encroachment of the powerful few upon the rights of the many."

"Mr. President, I had supposed until recently that it was the duty of senators and representatives in Congress to vote and act according to their convictions on all public matters that came before them for consideration and decision. Quite another doctrine has recently been promulgated by certain newspapers, which unfortunately seems to have found considerable support elsewhere, and that is the doctrine of “standing back of the President” without inquiring whether the President is right or wrong. For myself, I have never subscribed to that doctrine and never shall. I shall support the President in the measures he proposes when I believe them to be right. I shall oppose measures proposed by the President when I believe them to be wrong."

"Nomination process known for a year + beyond. It's the responsibility of the campaigns to understand it. Complaints now? Give us all a break."

"I'm not gonna rule out anything, but we're not gonna have a registry based on a religion."

"There is this... that must be admired about DuBois, Robeson, Ben Davis and others. They are not taking it lying down. Ben Davis is in prison... Robeson has sacrificed... DuBois has fought without let up for over half a century and at 85 be is determined as ever. Some day when truth gets a hearing, America, regardless of colour, we will honour them."

"Who is loyal to America and its democratic traditions? James Byrnes: governor of South Carolina, who equates the role of the NAACP and KKK, correctly assailed by Thurgood Marshall as "fascist McCarthyism rampant with racism"? Or Ben Davis - whose eloquent voice against Jim Crow scathes Byrnes and all the racists even from behind prison bars? Yes, To Believe In Negro Freedom Means To Be Radical!"

"It's really not about crowd size."

"Demands Ben Davis fought for, bans on biased textbooks and the lifting of bans on such books as authored by Mark Twain, Robert Louis Stevenson, Howard Fast and other outstanding writers; whose writings are feared. Davis urged restoration of progressive teachers to their posts and the exclusion of biased white supremacist and anti-Semitic instructors in our schools;"

"In fact, the drive against the Communists is aimed, above all, against the labor movement."

"Whether one agrees with the Communist Party or not, one must at least know the truth about it. One must not permit his ideas to be shaped by the hysteria which now passes as a "crusade against Communism." ... For example, the canard that every Communist has his pockets lined with "Moscow gold." If that were true, one could be sure that there would scarcely be any room in our party for workers. The capitalists, to whom gold is god of the universe, would crowd them out."

"It doesn't just say Christians. It also says persecuted Muslims get priority as well. So, this is not a Muslim ban.... And the reason we chose those seven countries was, those were the seven countries that both the Congress and the Obama administration identified as being the seven countries that were most identifiable with dangerous terrorism taking place in their country.... Now, you can point to other countries that have similar problems, like Pakistan and others. Perhaps we need to take it further. But for now, immediate steps, pulling the Band-Aid off, is to do further vetting for people traveling in and out of those countries.”"

"As a Negro American, I want to be free. I want equal opportunities, equal rights; I want to be accorded the same dignity as a human being and the same status as a citizen as any other American. This is my constitutional right. I want first-class, unconditional citizenship. I want it, and am entitled to it, now."

"You don't get to tell us what to do, Reince. You don't get to tell us what to do any more than Barack Obama did. Barack Obama whined about Fox News all the time, but I've got to say, he never said we were an enemy of the people.""

"While debates are meant to include tough questions and contrast candidates' visions and policies for the future of America, CNBC's moderators engaged in a series of 'gotcha' questions, petty and mean-spirited in tone, and designed to embarrass our candidates. What took place Wednesday night was not an attempt to give the American people a greater understanding of our candidates' policies and ideas"

"I became a member of the Party in January, 1933, in the heat of battle. At the time, I was serving as defense attorney for Angelo Herndon in Atlanta, Georgia, where Herndon, an eighteen-year-old Negro youth, had been framed on a charge of inciting to insurrection. ... Of what was Herndon "guilty"? He had led a demonstration of unemployed Negro and white workers to City Hall, had been found with a couple of Communist pamphlets in his possession, and possessed a firm and inspiringly defiant advocacy of the freedom of Negroes and of the liberation of the white masses from exploitation. The "dangerous" policy he then espoused as a Communist, was the unity of the Negroes in the South with the impoverished white workers and poor farmers."

"President Trump has denounced the violence, acknowledged the certified election results and committed to a 'peaceful transfer of power' to the Biden-Harris Administration"

"Unlike like most mass shootings, this man came with pre-receipts, if you will. He put out a 70-page manifesto, and I guess everybody scoured it, searched for Donald Trump's name, and there it is, one time. But he also said he aligns closely with the ideology of China. He said he's not a conservative, he’s not a Nazi, I think he referred to himself as an eco-naturalist or an eco-fascist. But people should read the entire – it in its entirety"

"I serve at the pleasure of @POTUS. His message is my message. His goals are my goals. Uninformed chatter doesn't matter."

"Laughing my #Ossoff."

"For Trump, the debates are fraught with peril. Because now the question is going to be about these Trump victims. The reason the messaging has gotten better since Alex’s barnburner of an article two weeks ago is they’re starting to talk about victims of Trump University, victims of Trump in Atlantic City. Before that it was his conservative apostasies, now it’s actually you’re for the little guy but you’ve built your business on the backs of the little guy."

"The people have been telling pollsters for decades that they want someone who is an outsider, a disrupter, an independent voice who doesn’t owe anybody anything in Washington — and they finally got their wish with Donald J. Trump."

"The media and Clinton campaign created some sympathy for Donald Trump because the message was not subtle, it was an avalanche, indeed, an unprecedented deluge of negative, caustic, burn-it-to-the-ground anti-Trump messaging, and people don’t respond to that."

"I think that's actually something that could hurt Trump in South Carolina and beyond if people start to see that he's not -- he says he's for the little guy, but he's actually built a lot of his businesses on the backs of the little guy and he's a lot of little guys through eminent domain, or through not paying contractors after you’ve built something. The little guys have suffered."