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Quotes by Judge

"We've talked more about civil rights after the Civil Rights Act of 1964 than we talked about it before 1964."

"If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility."


"A child born to a Black mother in a state like Mississippi... has exactly the same rights as a white baby born to the wealthiest person in the United States. It's not true, but I challenge anyone to say it is not a goal worth working for."

"Criticism of government finds sanctuary in several portions of the 1st Amendment. It is part of the right of free speech. It embraces freedom of the press."

"The object of man's worship, whatever it be, will naturally be his standard of perfection. He clothes it with every attribute, belonging, in his view, to a perfect character; and this character he himself endeavors to attain."

"Any discrimination, like sharp turns in a road, becomes critical because of the tremendous speed at which we are traveling into the high-tech world of a service economy."

"I do beseech you to direct your efforts more to preparing youth for the path and less to preparing the path for the youth."

"If Columbus had an advisory committee he would probably still be at the dock."

"A mind that is stretched by a new experience can never go back to its old dimensions."


"The Framers of the Bill of Rights did not purport to "create" rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting."

"I don't believe in quotas. America was founded on a philosophy of individual rights, not group rights."

"If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless."

"We forget that the most successful statesmen have been professionals. Lincoln was a professional politician."

"Whether or not we establish freedom rests with ourselves."

"The concept of neutrality can lead to a brooding and pervasive devotion to the secular and a passive, or even active, hostility to the religious. Such results are not only not compelled by the Constitution, but, it seems to me, are prohibited by it."


"There can be no assumption that today's majority is "right" and the Amish and others like them are "wrong." A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different."

"There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all."

"Sometimes it is easy... to enhance your prestige by not exercising your responsibility, but that's not been the tradition of the court."

"Everything I did in my life that was worthwhile, I caught hell for."


"All of the legal defense funds out there, they're looking for people out there with court of appeals experience, because court of appeals is where policy is made. And I know, I know this is on tape and I should never say that because we don't make law, I know. I know."


"The association promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in any prior decisions."

"The right of an individual to conduct intimate relationships in the intimacy of his or her own home seems to me to be the heart of the Constitution's protection of privacy."

"All our work, our whole life is a matter of semantics, because words are the tools with which we work, the material out of which laws are made, out of which the Constitution was written. Everything depends on our understanding of them."

"If members of the security apparatus could, with impunity, keep from those elected by the people that which they're entitled to know - or worse, feed false information - those who could control the classified data could be the real decision makers."

"If we are to keep democracy, there must be a commandment: Thou shalt not ration justice."


"To the extent that the judicial profession becomes the daily routine of deciding cases on the most secure precedents and the narrowest grounds available, the judicial mind atrophies and its perspective shrinks."


"That the king can do no wrong is a necessary and fundamental principle of the English constitution."


"At the constitutional level where we work, 90 percent of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections."
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