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By depriving the charged person of any defenses [the rulings] mean that sexual dalliance, however voluntarily engaged in, becomes harassment whenever an employee sees fit, after the fact, so to characterize it.
When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions
When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions.
HB2 discriminates against fellow citizens because of who they are. This law directly challenges the legitimacy of the identity of transgender persons and then compels them to deny it every time they use a public restroom.
I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself.
The American press is extraordinarily free and vigorous, as it should be. It should be, not because it is free of inaccuracy, oversimplification and bias, but because the alternative to that freedom is worse than those failings.
The major obstacle to a religious renewal is the intellectual classes, who are highly influential and tend to view religion as primitive superstition. They believe that science has left atheism as the only respectable intellectual stance.
I wanted it not to be true. I wanted it not to be her plane. I wanted it - I wanted, if it was her plane, to have somehow survived because she was in the back of the airplane. But we know that doesn't happen, not with those sorts of things.
I grew up in California, and when I read that Proposition 8 was on the ballot, I was disappointed because it seemed to be inconsistent with the spirit of the state, with the independence and diversity of the frontier that California has always been.
As government regulations grow slowly, we become used to the harness. Habit is a powerful force, and we no longer feel as intensely as we once would have [the] constriction of our liberties that would have been utterly intolerable a mere half century ago.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
The calls that I have received from President Bush and Vice President Cheney, the fact that there are other people that are suffering every bit as much as I am, and that our whole nation is going through a tragedy together, I think we have to think about those things.
The plane took off at 8:10 in the morning - or that's when it was scheduled to take off. And that's when I believe it took off. I had been in my office at the Department of Justice. Someone told me that there had been the two strikes that occurred at the World Trade Center.
I've been strongly opposed to racial discrimination and anything like that my whole life. Maybe it's thanks to my parents and where I grew up and that sort of thing, but particularly with gay and lesbian citizens, I've seen that people can be cruel, and it's very distressing.
Another argument, vaguer and even less persuasive, is that gay marriage somehow does harm to heterosexual marriage. I have yet to meet anyone who can explain to me what this means. In what way would allowing same-sex partners to marry diminish the marriages of heterosexual couples?
The judge's authority derives entirely from the fact that he is applying the law and not his personal values. That is why the American public accepts the decisions of its courts, accepts even decisions that nullify the laws a majority of the electorate or their representatives voted for.
Ultimately, the reason we have a Constitution, the reason we have separation of powers, the reason we have the Fourteenth Amendment is to provide the courts with the opportunity to override the will of the people when the will of the people discriminates against a segment of our society.
The more gays and lesbians come out - the more people realize that they have a friend who's gay, which they may not have known before, and they realize this person has the same aspirations and desires and need to be committed and to be part of a community - then they become more accepting.
The National Rifle Association is always arguing that the Second Amendment determines the right to bear arms. But I think it really is the people's right to bear arms in a militia. The NRA thinks it protects their right to have Teflon-coated bullets. But that's not the original understanding.
I guess the language that Justice Ginsburg used at the closing of the VMI (United States v. Virginia Military Institute) case is an important thing; it resonates with me: 'A prime part of the history of our Constitution is the story of the extension of constitutional rights to people once ignored or excluded.'
One evening at a hotel in New York I flipped around the television channels. Suddenly there on the public access channel was a voluptuous young woman, naked, her body oiled, writhing on the floor while fondling herself intimately... I watched for some time --- riveted by the sociological significance of it all.
These individuals are tyrants, and so they hate democracy. They are bigots, zealots, and persecutors, and so they hate Americas freedom tolerance, and respect for all people. The terrorists of Sept. 11 live and flourish in darkness. They cannot survive in the liberating and inspirational sunlight of American freedom and democracy.
I do believe that people of all religions have a right to build edifices or structures or places of religious worship or study where the community allows them to do it under zoning laws and that sort of thing, and that we don't want to turn an act of hate against us by extremists into an act of intolerance for people of religious faith.
When a judge goes beyond [his proper function] and reads entirely new values into the Constitution, values the framers and ratifiers did not put there, he deprives the people of their liberty. That liberty, which the Constitution clearly envisions, is the liberty of the people to set their own social agenda through the process of democracy.
If conservatives come to control the White House and both Houses of Congress, there will be very little change in Hollywood, the network evening news, universities, church bureaucracies, the New York Times, or the Washington Post. Institutions that are overwhelmingly left-liberal will continue to misinform the public and distort public discourse.
Radical feminism is the most destructive and fanatical movement to come down to us from the Sixties. This is a revolutionary, not a reformist, movement, and it is meeting with considerable success. Totalitarian in spirit, it is deeply antagonistic to traditional Western culture and proposes the complete restructuring of society, morality, and human nature.
What can you or I do? Alone, almost nothing. Yet one person - you alone - can make the difference. . . . The failure of just one person to join, to participate, to do whatever he or she can - your failure or my failure - may mean that there is just one too few to win the fight for sanity, and so leave the world on the road to destruction. Each of us, all of us, must do what we can.
Americans revere both the Constitution and an independent Court that applies the document's provisions. The Court has done many excellent things in our history, and few people are willing to see its power broken. The difficulty with all proposals to respond to the Court when it behaves unconstitutionally is that they would create a power to destroy the Court's essential work as well.
It happens every once in awhile at the federal level when the solicitor general, on behalf of the U.S., will confess error or decline to defend a law. I don't know what is going through the [Obama] administration's thought process on 'don't ask, don't tell.' It would be appropriate for them to say 'the law has been deemed unconstitutional, we are not going to seek further review of that.'
A free society depends upon a high degree of mutual trust. The public will not give that trust to officials who are not seen to be impartially dedicated to the general public interest, nor will they give trust to those high in government who violate the rule of law they ask citizens to obey at the expense of self-interest, or to those who present government as the place where one feathers his own nest, [or] exchanges favors with friends and former associates.
Conservatives . . . may decide to join the game and seek activist judges with conservative views. Should that come to pass, those who have tempted the courts to political judging will have gained nothing for themselves but will have destroyed a great and essential institution. . . . There are only two sides. Either the Constitution and statutes are law, which means their principles are known and control judges, or they are malleable texts that judges may rewrite to see that particular groups or political causes win.
The Supreme Court has said that: Marriage is the most important relation in life. Now that's being withheld from the plaintiffs. It is the foundation of society. It is essential to the orderly pursuit of happiness. It's a right of privacy older than the Bill of Rights and older than our political parties. One of the liberties protected by the Due Process Clause. A right of intimacy to the degree of being sacred. And a liberty right equally available to a person in a homosexual relationship as to heterosexual persons.