Lawyers From New York State

"Q: At your confirmation hearings in 1993, you talked about how you hoped to see three or four women on the court. How do you feel about how long it has taken to see simply one more woman nominated?"

"Q: What do you think about Judge Sotomayor’s frank remarks that she is a product of affirmative action?"

"This way of thinking reflects ancient notions about women’s place in the family and under the Constitution — ideas that have long since been discredited."

"Women belong in all places where decisions are being made. It shouldn't be that women are the exception."

"JUSTICE GINSBURG: I always thought that there was nothing an antifeminist would want more than to have women only in women’s organizations, in their own little corner empathizing with each other and not touching a man’s world. If you’re going to change things, you have to be with the people who hold the levers."

"Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of."

"To summarize the Court's current directions for cases of official classification based on gender: Focusing on the differential treatment or denial of opportunity for which relief is sought, the reviewing court must determine whether the proffered justification is "exceedingly persuasive." The burden of justification is demanding and it rests entirely on the State. [...] The justification must be genuine, not hypothesized or invented post hoc in response to litigation. And it must not rely on overbroad generalizations about the different talents, capacities, or preferences of males and females. [...] As earlier stated, see supra, at 541-542, generalizations about "the way women are," estimates of what is appropriate for most women, no longer justify denying opportunity to women whose talent and capacity place them outside the average description."

"In sum, the Court's conclusion that a constitutionally adequate recount is impractical is a prophecy the Court's own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States. I dissent."

""Inherent differences" between men and women, we have come to appreciate, remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity. Sex classifications may be used to compensate women "for particular economic disabilities [they have] suffered," Califano v. Webster, 430 U. S. 313, 320 (1977) (per curiam), to "promot[e] equal employment opportunity," see California Fed. Sav. & Loan Assn. v. Guerra, 479 U. S. 272, 289 (1987), to advance full development of the talent and capacities of our Nation's people. But such classifications may not be used, as they once were, see Goesaert, 335 U. S., at 467, to create or perpetuate the legal, social, and economic inferiority of women."

"Dissents speak to a future age. It's not simply to say, "My colleagues are wrong and I would do it this way." But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today but for tomorrow."

"Defenders of sex-based government action must demonstrate an exceedingly persuasive justification for that action to make that demonstration. The defender of a gender line must show at least that the talents classification served important governmental objective and that any discriminatory mean employed is substantively related to the achievement of those objectives. The heightened review standard applicable to sex-based classification does not make a proscribed classification but it does mark as presumptively invalid incompatible with equal protection a law or official policy that denies to women simply because they are women equal opportunity to aspire, achieve, participate in, and contribute to society based upon what they can do. Under this exacting standard reliance on overbroad generalization typically male or typically female tendency estimates about the way most women or most men are will not suffice to deny opportunity to women whose talent and capacity place them outside the average description. As this Court said in Mississippi University for women against Hogan some 14 years ago state actors may not close entrance gates based on fixed notions concerning their roles and abilities of males and females."

"[L]egal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature."

"JUSTICE GINSBURG:: If you want to influence people, you want them to accept your suggestions, you don’t say, You don’t know how to use the English language, or how could you make that argument? It will be welcomed much more if you have a gentle touch than if you are aggressive."

"Neither federal nor state government acts compatibly with equal protection when a law or official policy denies to women, simply because they are women, full citizenship stature — equal opportunity to aspire, achieve, participate in and contribute to society based on their individual talents and capacities."

"Abortion prohibition by the State, however, controls women and denies them full autonomy and full equality with men. That was the idea I tried to express in the lecture to which you referred."

"It is essential to woman’s equality with man that she be the decisionmaker, that her choice be controlling. If you impose restraints that impede her choice, you are disadvantaging her because of her sex."

"The seven to two judgment in Roe v. Wade declared “violative of the Due Process Clause of the Fourteenth Amendment” a Texas criminal abortion statute that intolerably shackled a woman’s autonomy; the Texas law “except[ed] from criminality only a life-saving procedure on behalf of the [pregnant woman].” Suppose the Court had stopped there, rightly declaring unconstitutional the most extreme brand of law in the nation, and had not gone on, as the Court did in Roe, to fashion a regime blanketing the subject, a set of rules that displaced virtually every state law then in force. Would there have been the twenty-year controversy we have witnessed, reflected most recently in the Supreme Court’s splintered decision in Planned Parenthood v. Casey? A less encompassing Roe, one that merely struck down the extreme Texas law and went no further on that day, I believe and will summarize why, might have served to reduce rather than to fuel controversy."

"So all three strands were involved in Captain Struck’s case. The main emphasis was on her equality as a woman vis-à-vis a man who was equally responsible for the conception, and on her personal choice, which the Government said she could not have unless she gave up her career in the service. In that case, all three strands were involved: her equality right, her right to decide for herself whether she was going to bear the child, and her religious belief. So it was never an either/or matter, one rather than the other. It was always recognition that one thing that conspicuously distinguishes women from men is that only women become pregnant; and if you subject a woman to disadvantageous treatment on the basis of her pregnant status, which was what was happening to Captain Struck, you would be denying her equal treatment under the law…"

"Inevitably, the shape of the law on gender-based classification and reproductive autonomy indicates and influences the opportunity women will have to participate as men's full partners in the nation's social, political, and economic life."

"I commented at the outset that I believe the Court presented an incomplete justification for its action. Academic criticism of Roe, charging the Court with reading its own values into the due process clause, might have been less pointed had the Court placed the woman alone, rather than the woman tied to her physician, at the center of its attention."

"The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. It is a decision she must make for herself. When Government controls that decision for her, she is being treated as less than a fully adult human responsible for her own choices."

"Overall, the Court's Roe position is weakened, I believe, by the opinion's concentration on a medically approved autonomy idea, to the exclusion of a constitutionally based sex-equality perspective. I understand the view that for political reasons the reproductive autonomy controversy should be isolated from the general debate on equal rights, responsibilities, and opportunities for women and men."

"Think back to 1787. Who were 'we the people'? … They certainly weren't women … they surely weren't people held in human bondage. The genius of our Constitution is that over now more than 200 sometimes turbulent years that 'we' has expanded and expanded."

"The emphasis must not be on the right to abortion but on the right to privacy and reproductive control."

"Let me try to state in a nutshell how I view the work of judging. My approach, I believe, is neither liberal nor conservative. Rather, it is rooted in the place of the judiciary, of judges, in our democratic society. The Constitution’s preamble speaks first of we, the people, and then of their elected representatives. The judiciary is third in line and it is placed apart from the political fray so that its members can judge fairly, impartially, in accordance with the law, and without fear about the animosity of any pressure group. In Alexander Hamilton’s words, “The mission of judges is to secure a steady, upright, and impartial administration of the laws.” I would add that the judge should carry out that function without fanfare, but with due care. She should decide the case before her without reaching out to cover cases not yet seen. She should be ever mindful as judge. And then Justice Benjamin Nathan Cardozo said, “Justice is not to be taken by storm. She is to be wooed by slow advances.”"

"JUSTICE GINSBURG: I think back to the days when — I don’t know who it was — when I think Truman suggested the possibility of a woman as a justice. Someone said we have these conferences and men are talking to men and sometimes we loosen our ties, sometimes even take off our shoes. The notion was that they would be inhibited from doing that if women were around. I don’t know how many times I’ve kicked off my shoes. Including the time some reporter said something like, it took me a long time to get up from the bench. They worried, was I frail? To be truthful I had kicked off my shoes, and I couldn’t find my right shoe; it traveled way underneath."

"The laws of war do not apply only to the suspected criminals of vanquished nations. There is no moral or legal basis for immunizing victorious nations from scrutiny. The laws of war are not a one-way street."

"To punish the foe — especially the vanquished foe — for conduct in which the enforcing nation has engaged, would be so grossly inequitable as to discredit the laws themselves."

"If I was asked to name the person of my generation whom I most admired, I would promptly answer Telford Taylor. .. [W]ise counselor, persuasive advocate, careful scholar, all the qualities that signify distinction... were his in high degree."

"The human rights movement owes much of its legal foundation to the work of Gen. Telford Taylor...."

"For almost seven decades, from the days of FDR's New Deal through to the early 1990s, Taylor embodied the best of American legal liberalism. At least two generations of postwar Americans looked to him, as they did to no other lawyer, for tough, outspoken criticism of public affairs, from McCarthyism to the Eichmann trial or even the Vietnam War."

"No man's life, liberty or property are safe while the legislature is in session."

"When the [Mystical Shit] CD first started to take shape, I was very unsure about what was happening—I wasn't sure I liked what these guys were coming up with. I missed Dogbowl's melodies, and I didn't like that it was loud. But other people seemed to like it a lot, and at that time, that was important to me, so I went with it. As time went by, I started to appreciate the oddity of me in a rock band. Unfortunately, I didn't really embrace the idea fully until that band had broken up. Nowadays, I can look back and think it was fun and funny that I was in a rock band, but at the time, it bothered me a lot and I complained about it all the time, but I lacked the moral character to do anything about it."

"Of all the stuff I write, probably 75% never gets recorded. Sometimes it's because I've read it at shows a few times to lukewarm response. But usually it's because I think it's not right. I will sometimes rewrite the same idea a few times before it feels good. I do this as opposed to taking a piece and tinkering with it in an effort to make it right. The earlier drafts wouldn't (and shouldn't) get recorded, because they're not as good."

"I think it's time we so-called "sensitive men" stopped kidding ourselves with all this crap about how guys in the Marines and garage mechanics and just generally, you know, macho guys—about how they're insecure about their masculinity because they have little dicks, because that's crap, and we know it. Guys in the military, construction workers, football players, they all have bigger dicks than you and I, and we might as well just accept it. Because it's stupid and dishonest for us to go around implying that us literary, intellectual, politically aware, feminist-type men are actually more confident than the insensitive, sexist, brute-type men because size doesn't matter, and even if it did, we have the bigger dicks, because this is bullshit. I think it's high time we all took a good hard look at our dicks and faced the music."

"You are responsible for all of your successes, and the lack thereof. And that is the essential point that failure, your ever-faithful friend, wants to make: that your failure could not exist without you—without your stupidity, without your lies, without your mistakes, your uselessness, your lack of faith, your ineptitude, your unjustifiable confidence in your alleged abilities, you stupid loser—failure is your only friend. Failure is your only lover. Failure is your only hope."

"Some of the [band's] work has a genuine feeling behind it. Some of it is probably just being funny for the sake of being funny. Obviously, there are elements to "Detachable [Penis]" about male identity that are there, but not really overtly there. For the person who wants to find it, it's there. I don't know. I don't think... I like to think I'm not obvious about the humor, and I'm not obvious about the feelings, either. There's a certain degree of subtlety to what I'm doing; even in very obvious things, there's something underneath that's interesting. I think [the band is] guilty of being clever at times, to the detriment of conveying something more important, more real, more honest. I'll cop to that. But I will also say that there's also stuff that does have meaning."

"I think these are some of the common themes [of my work]: a) life is hard, brutal, capricious and unfair, b) sometimes there is a benefit to seeing it clearly, and acknowledging it truthfully..., and c) other times it is best to find something to laugh about, lest despair crush one completely. I find a lot of humor in shocking or so-called taboo things: castration, excrement, violence (usually self-inflicted or inflicted on the narrator, "[Martin] Scorsese" being an exception), sex and sexual perversions... etc."

"...I wanna know about the commercial I saw on TV: An Irish guy walking through a field of green, whistling one of those Irish jigs, and a woman walks up and says, "Manly, yes, but I like it too." Then the guy pulls out a huge knife and cuts off his first two fingers and somehow catches them in what's left of his left hand and hands them to the woman. Did I mention they're both dressed in green? They they both sing this song together: "Are ya icky? Are ya sticky? Are ya hot as anything? Hey! Cut off two of your fingers, and stab yourself in the eye!" Then he stabs himself in the eye and hands her the knife, and she stabs herself in the eye, okay? Okay? So what about that?"

"Sometimes if you go to see a very, very, happy movie, a Hollywood movie, you can walk out of the movie and feel very depressed because it's so false. And other times you see a very depressing movie and it makes you feel good, happy because you've seen something real. You've seen something that talks to you and says that your bad feelings are legitimate. And then you can go further with that and say, "Well, this bad feeling is good, and this good feeling is bad, but is it good to feel bad and is it bad to feel good?" I'm concerned with feelings. And sometimes when I feel good, I'll write something very negative because I have the strength to do it. But when I really, really feel very bad, what I want to do is make myself feel better, so I'll write something happier."

"...I don't like to make judgments about what people like sexually. Some people like one sex, or the other, or they like fat people, or they like to be tied up, whatever. That's fine. Whatever people like is fine by me. I think that's important, too, because in this country a lot of people want to make laws about that and I'm very much against that. Making certain kinds of sex illegal... To me that's immoral, to illegalize things that people want to do. Same with religious things. I think people should be able to believe whatever they want to believe. I think that when governments try to get involved with that sort of stuff, you're really destroying people's souls. I don't make statements like that in my songs because that's not what I want. I don't want to make a political statement."

"Ed walked away from the program feeling fortified and stapled. His brain was buzzing, the way it always did just after Jeopardy! He loaded up the microbus with Atlases and poseidons and headed for Pope County. "I've had it," he sang. "I've had it with puns, alliteration, Russian literature, Italian neorealism, meaningless cross-references, and laundry lists of nonsense. I shall drive without a license, without clothing, without direction, and if I make it to Arkansas, fine, and if I'm running late, if I'm running a numbers game, it doesn't matter, I shall keep on running. Yes, this is the answer. This is the ending. I shall keep on running, because a body in motion tends to stay emotional, and it's better to feel. Pain is better than emptiness, emptiness is better than nothing, and nothing is better than this.""

"In a way, I suppose you could say my experience is quite limited. For example, I never locked Oliver Cromwell in a broom closet while singing "Waltzing Matilda." I never sawed a television in half, although I once saw Wendy O. Williams saw a guitar. I never played a decent game of jacks. I never played poker with a toothless one-eyed pirate who kept picking his teeth with a Bowie knife to distract me, while his parrot looked over my shoulder and told him what cards I had by using an elaborate code involving vomiting, chirping, and sea chanteys."

"See, look, uh, I—I know I'm homophobic, but not about gay guys. They don't bother me at all. It's straight guys who don't know they're gay. They fuck my shit right up. Like a guy calls me up and says, "A bunch of us guys are gonna sit around in our underwear and watch the football game and drink beer and eat chips and, you know, maybe wrestle with each other a little—you know, just us guys. You wanna come over?" And I'm like, "No.""

"I think it is considered bad to be clever, because I think people usually assume that a clever person or a clever band doesn't have substance, doesn't really care about anything. People want music that matters, that believes in something, I think, whether it expresses anger or despair or love. People want to believe that their artists are portraying emotions that they really feel. And I think that's true of Patsy Cline, Johnny Rotten, whoever you want to name. If you believe the artist, you're going to go for it."

"People sometimes tell me I should get it permanently attached, but I don't know. Even though sometimes it's a pain in the ass, I like having a detachable penis."

"A lot of people have said Giuliani did a great job with the crisis, and I—I don't know, and a lot of people are saying that Bush is doing a good job, and I really don't think so, but in all this discussion, no one has stepped forward to say what a truly remarkable job Jennifer Love Hewitt has been doing. She has shown unbelievable restraint during this entire crisis. I haven't heard her say a single irresponsible word. So many people have rushed to get on the television and say stupid, fucked-up, crazy shit, but not JLH."

"Fuck you, fuck you, fuck you, and fuck the Congress for sucking your dick, and fuck everybody who puts up with it—including me. Fuck me for not killing you. Fuck everybody who's come within fifteen fucking feet of you and hasn't fucking tried. But fuck murder, fuck rotting in jail, fuck you and fuck you and fuck—you don't even deserve to be executed. Just die a slow fucking painful fucking death, you illiterate shit scumbag scumbag motherfucking shit-eating scumbag scumbag. You fucking, you fuck, fuck, fuck you."

"My heart is a flower, budding, blooming, dripping dew, dropping petals all over the place, making a big hopeless mess, stinking things up, waiting for someone to come flying over and suck the pollen out of me. Suck me dry. 'Til I wilt. 'Til I am nothing. 'Til next spring."

"I want to be different, like everybody else I want to be like. I want to be just like all the different people. I have no further interest in being the same, because I have seen difference all around, and now I know that that's what I want. I don't want to blend in and be indistinguishable. I want to be part of the different crowd, and assert my individuality along with others who are different like me."