The Supreme Court of the United States is an institution damned by God Almighty.
The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.
Experience teaches us to be most on our guard to protect liberty when the government's purposes are beneficent.
The life of the law has not been logic; it has been experience.
The ultimate good desired is better reached by free trade in ideas [and] the best test of truth is the power of the thought to get itself accepted in the competition of the market.
The character of every act depends upon the circumstances in which it is done.
The makers of our Constitution . . . conferred, as against the government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men.
If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate.
Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds.
If the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his house, what books he may read or what films he may watch.
When men have realized that time has upset many fighting faiths, they may come to believe... that the ultimate good desired is better reached by free trade in ideas-- that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution. It is an experiment. As all life is an experiment. Every year if not every day we wager our salvation upon some prophecy based upon imperfect knowledge.
Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.
Persuade your fellow citizens it's a good idea and pass a law. That's what democracy is all about. It's not about nine superannuated judges who have been there too long, imposing these demands on society.
[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.... Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.
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.
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.
If you're going to be a good and faithful judge, you have to resign yourself to the fact that you're not always going to like the conclusions you reach. If you like them all the time, you're probably doing something wrong.
We've got another nominee coming up, well qualified, Texas Supreme Court Justice Priscilla Owens has a tremendous reputation, tremendous record, but they are already marshalling their forces to try to stop that nomination.
Our lawyers had their chat with the Supreme Court Justice, and promised to repast the chat to other members of the Supreme Court to find out whether they wanted to hear us out.
If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.
or simply: