I want to tell the good people of this state as a judge of the 3rd Judicial Circuit, if I didn’t have what it took to treat a man fair regardless of his color, then I don’t have what it takes to be the governor of your great state.
The acme of judicial distinction means the ability to look a lawyer straight in the eyes for two hours and not hear a damned word he says.john marshall
To the somnambulist, sleep-walking may seem more pleasant and less hazardous than wakeful walking, but the latter is the wiser mode of locomotion in the congested traffic of a modern community. It is about time to abandon judicial somnambulism.jerome frank
Anarchists generally make use if the word "State" to mean all the collection of institutions, political, legislative, judicial, military, financial, etc., by means of which management of their own affairs, the guidance of their personal conduct, and the care of ensuring their own safety are taken from the people and confided to certain individuals, and these, whether by usurpation or delegation, are invested with the right to make laws over and for all, and to constrain the public to respect them, making use of the collective force of the community to this end.errico malatesta
There is no indication - either in the text of the Constitution or in our cases interpreting it - that a separate judicial category exists for the American flag alone. ... We decline ... therefore to create for the flag an exception to the joust of principles protected by the First Amendment.
These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.harlan, john marshall, ii
The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements.harlan, john marshall, ii
His thinking threw light in a very introspective way on the entire process of the judicial function. His decisions, beyond just the vote they represented, were sufficiently philosophical to be of enduring interest. He decided the case before him with that respect for its particulars, its special features, that marks alike the honest artist and the just judge.harlan, john marshall, ii
But then a daring evasion by a leading conveyancer, known as the Lease and Release, received judicial sanction; and commenced a successful career of more than 200 years. The Lease and Release, attributed to Serjeant Moore, was based on the fact that the Statute of Inrolments did not apply to terms of years.edward jenks
We need our highest judicial body to stop this childish bickering and get back to debating the kinds of weighty constitutional issues that have absorbed the court in recent years, such as whether a city can legally force an exotic dancer to cover her entire nipple, or just the part that pokes out.dave barry
We brought those cases because we realized that the truth is the engine of our judicial system. We didn't get the straight story, and we had to - had to - act.patrick fitzgerald
To be effective, judicial administration must not be leaden-footed.felix frankfurter
For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy.robert h. jackson
Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.robert h. jackson
Not every defeat of authority is a gain for individual freedom, nor every judicial rescue of a convict a victory for liberty.robert h. jackson
Appellate review is not a magic wand and we undermine public confidence in the judicial process when we make it look like it is.alex kozinski
Either Christ is a liar or war is never necessary, and very properly assuming that Christ told the truth, it follows that the State is without [in the words of Father Macksey] ‘judicial authority to determine when war is necessary,’ because it is never necessary.
Fraud is an extrinsic collateral act which vitiates the most solemn proceedings of Courts of justice. Lord Coke says it avoids all judicial acts, ecclesiastical or temporal.
But then a daring evasion by a leading conveyancer, known as the Lease and Release, received judicial sanction; and commenced a successful career of more than 200 years. The Lease and Release, attributed to Serjeant Moore, was based on the fact that the Statute of Inrolments did not apply to terms of years.
In a democratic society, one who assumes to act for the citizens in an executive, legislative, or judicial capacity must expect that his official acts will be commented upon and criticized. Such criticism cannot, in my opinion, be muzzled or deterred by the courts at the instance of public officials under the label of libel.
It is not the practice of this Court to interfere with the exercise of a judicial discretion.
The course of equity is a part of the constitution of the law and judicial proceedings in this kingdom.
It is every day's practice with us to decide cases which turn upon the laws of foreign countries, or the laws administered in Courts of peculiar jurisdiction in this country. Of this we have no judicial knowledge; but we acquire the necessary knowledge by evidence.
When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.
When the spotless ermine of the judicial robe fell on John Jay, it touched nothing less spotless than itself.
I know of no case in which you are to have a judicial proceeding, by which a man is to be deprived of any part of his property, without his having an opportunity of being heard.
Active liberty is particularly at risk when law restricts speech directly related to the shaping of public opinion, for example, speech that takes place in areas related to politics and policy-making by elected officials. That special risk justifies especially strong pro-speech judicial presumptions. It also justifies careful review whenever the speech in question seeks to shape public opinion, particularly if that opinion in turn will affect the political process and the kind of society in which we live.
judicial decisions in Courts of justice are ranked by Lord Hale as one of the grounds or constituents of the common law.