Quotes of All Topics . Occasions . Authors
The notion that it is improper to look beyond the borders of the United States in grappling with hard questions has a certain kinship to the view that the U.S. Constitution is a document essentially frozen in time as of the date of its ratification.
Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community.
You can have many different selection systems, but the bottom line has to be a system that, once the judge takes office that judge will feel that he or she is to decide the case without reference to the popular thing or the popular will of the moment
Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best. Individuals on both sides of the issue passionately, but respectfully, attempted to persuade their fellow citizens to accept their views.
Every lawyer, no matter whom they represent, is trying to help someone, whether it's a person, a corporation, a government entity, or a small or big business. To me, lawyering is the height of service - and being involved in this profession is a gift.
You can have many different selection systems, but the bottom line has to be a system that, once the judge takes office that judge will feel that he or she is to decide the case without reference to the popular thing or the popular will of the moment.
The federal sentencing guidelines should be revised downward. By contrast to the guidelines, I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences. In too many cases, mandatory minimum sentences are unwise and unjust.
It's a facet of the gay rights movement that people don't think about enough. Why suddenly marriage equality? Because it wasn't until 1981 that the court struck down Louisiana's 'head and master rule,' that the husband was head and master of the house.
Sometimes, idealistic people are put off the whole business of networking as something tainted by flattery and the pursuit of selfish advantage. But virtue in obscurity is rewarded only in Heaven. To succeed in this world you have to be known to people.
The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn from limb from limb. The fetus can be alive at the beginning of the dismemberment process and can survive for a time while its limbs are being torn off.
Through reading, I escaped the bad parts of my life in the South Bronx. And, through books, I got to travel the world and the universe. It, to me, was a passport out of my childhood and it remains a way - through the power of words - to change the world.
But what I believe is that if a person's individual rights or right to be a part of our economic system is violated under statute, we aggressively go after it. But we don't issue mandates to businesses that you've got to do this and you've got to do that.
There are some forty thousand children in California, according to the red brief, that live with same-sex parents, and they want their parents to have full recognition and full status. The voice of those children is important in this case, don't you think?
If there is an ‘overabundance’ of an idea in the absence of direct governmental action - which there well might be when compared with some ideal state of public debate - then action disfavoring that idea might ‘un-skew,’ rather than skew, public discourse.
My mother told me two things constantly. One was to be a lady, and the other was to be independent. The study of law was unusual for women of my generation. For most girls growing up in the '40s, the most important degree was not your B.A., but your M.R.S.
I assume that those who cling to old beliefs will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public, they will risk being labeled as bigots and treated as such by governments, employers, and schools.
Without question, so many people, throughout my life, never think of Puerto Rico as part of the United States. Many people have no idea what the relationship is between Puerto Rico and the United States. And certainly, I have been asked if we are citizens.
That tide of insecurity would come in and out over the years, sometimes stranding me for a while but occasionally lifting me just beyond what I thought I could acomplish. Either way, it would wash over the same bedrock certainty: ultimately, I know myself.
While the romanticized ideal of universal public education resonates with the cognoscenti who oppose vouchers, poor urban families just want the best education for their children, who will certainly need it to function in our high-tech and advanced society.
When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce, and the Senate becomes incapable of either properly evaluating nominees or appropriately educating the public.
Work hard on each opinion, but once the case is decided, don't look back; go on to the next case and give it your all. It's not productive to worry about what's out and released, over and done. That's advice I now give to people new to the judging business.
In southern Italy, where my grandparents had lived, there were few opportunities. The society was static, with rigid social classes. Poor people, like my grandparents, had little chance to improve their lives, no matter their talents or willingness to work.
When I'm concentrating, I can be fixed in place for hours. In fact, there was a joke in my office that everybody would come and chat outside my door because they knew - no matter how loud they talked - if I was concentrating, it would not disturb me at all.
At Columbia Law School, my professor of constitutional law and federal courts, Gerald Gunther, was determined to place me in a federal court clerkship, despite what was then viewed as a grave impediment: On graduation, I was the mother of a 4-year-old child.
So many people grew up with challenges, as I did. There weren't always happy things happening to me or around me. But when you look at the core of goodness within yourself - at the optimism and hope - you realize it comes from the environment you grew up in.
When you have strong views about how to approach thinking about the law, then that view is going to lead to certain results in certain situations. And so people seem to think this predictability is based on some kind of partisan political view. But it's not.
How fortunate I was to be alive and a lawyer when, for the first time in United States history, it became possible to urge, successfully, before legislatures and courts, the equal-citizenship stature of women and men as a fundamental constitutional principle.
My mother told me two things constantly. One was to be a lady and the other was to be independent, and the law was something most unusual for those times because for most girls growing up in the '40s, the most important degree was not your B.A. but your M.R.S.
I'd grown up fearing the lynch mobs of the Ku Klux Klan; as an adult I was starting to wonder if I'd been afraid of the wrong white people all along - where I was being pursued not by bigots in white robes, but by left-wing zealots draped in flowing sanctimony.
It's not that there are no masters, but that there are many. And the job of the solicitor general is to balance those masters and to accommodate them all, each in their proper places, wisely and well and in so doing to represent the people of the United States.
I do accept that, with - with respect to those vague terms in the Constitution such as equal protection of the laws, due process of law, cruel and unusual punishments. I fully accept that those things have to apply to new phenomena that didn't exist at the time.
I don't have a professional aspiration. But I do have a personal one: I want to continue growing as a person. I want to reach out more to people, learn more from them. Ultimately, I would like to be a great justice that people remember with respect and fondness.
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.
When I went into the seminary, I was one of those victims of New Math and had not had Algebra I and had no idea what we were doing in New Math in the ninth grade. But when I went into the seminary, they had gone the traditional route and taught first-year algebra.
The greatest threat to public confidence in elections in this case is the prospect of enforcing a purposefully discriminatory law, one that likely imposes an unconstitutional poll tax and risks denying the right to vote to hundreds of thousands of eligible voters.
I was tremendously fortunate to be alive and a lawyer, working at a university so I had more flexible hours, when the women's movement was coming alive and when it became possible to argue successfully for a view of the equal protection clause that included women.
My view is regardless of whether you think prohibiting abortion is good or whether you think prohibiting abortion is bad, regardless of how you come out on that, my only point is the Constitution does not say anything about it. It leaves it up to democratic choice.
The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people.
So now the perception is, yes, women are here to stay. And when I'm sometimes asked when will there be enough [women on the Supreme Court]? And I say when there are nine, people are shocked. But there'd been nine men, and nobody's ever raised a question about that.
You can't have it all, all at once. Who—man or woman—has it all, all at once? Over my lifespan I think I have had it all. But in different periods of time things were rough. And if you have a caring life partner, you help the other person when that person needs it.
This understanding, underlying constitutional interpretation since the New Deal, reflects the Constitution's demands for structural flexibility sufficient to adapt substantive laws and institutions to rapidly changing social, economic, and technological conditions.
The truth is that since childhood I had cultivated an existential independence. It came from perceiving the adults around me as unreliable, and without it I felt I wouldn't have survived. I cared deeply for everyone in my family, but in the end I depended on myself.
A judge sometimes must release a criminal. He doesn't like it, she doesn't like it, but the law requires it. And the context of an election in which you are "soft on crime" betrays a misunderstanding of the judicial process and a misunderstanding of the Constitution.
Family members have a personal stake in honoring and mourning their dead and objecting to unwarranted public exploitation that, by intruding upon their own grief, tends to degrade the rites and respect they seek to accord to the deceased person who was once their own.
It's absolutely clear that whatever cruel and unusual punishments may - may mean with regard to future things, such as death by injection or the electric chair, it's clear that - that the death penalty, in and of itself, is not considered cruel and unusual punishment.
A corporation is simply a form of organization used by human beings to achieve desired ends... Protecting the free-exercise rights of corporations like Hobby Lobby, Conestoga, and Mardel protects the religious liberty of the humans who own and control those companies.
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.
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.
Originalism is sort of subspecies of textualism. Textualism means you are governed by the text. That's the only thing that is relevant to your decision, not whether the outcome is desirable, not whether legislative history says this or that. But the text of the statute.
On this day, when we're celebrating our constitutional heritage, I urge you to be faithful to that heritage - to impose on our fellow citizens only the restrictions that are there in the Constitution, not invent new ones, not to invent the right because it's a good idea.