A Quote by Adam Cohen
There is no room on the federal bench for a judge who does not treat all people as equal before the law.
Related Quotes
When I graduated from law school in 1959, there wasn't a single woman on any federal bench. It wouldn't be a realistic ambition for a woman to want to become a federal judge.
When I graduated from law school in 1959, there wasn't a single woman on any federal bench. It wouldn't be a realistic ambition for a woman to want to become a federal judge. It wasn't realistic until Jimmy Carter became our president.
The law is equal before all of us; but we are not all equal before the law. Virtually there is one law for the rich and another for the poor, one law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid, and within family limits one law for the parent and no law at all for the child.
One of the challenges that happened in Europe is that in accepting many Muslim people they didn't explain to them that those countries have particular values like equality of all people before the law. Islam does not accept people are equal before the law.
That's not the federal law. What you're confusing is law with the opinion of a justice, what one lone federal judge says is not law.
I respect people who feel things passionately. I do. But when someone is a judge, that is not what they should bring to the bench. It is not really passion, except in rare instances, that serves the bench well. It is, rather, an ability to understand the law and follow it.
The Judge does not make the law. It is people that make the law. Therefore if a law is unjust, and if the Judge judges according to the law, that is justice, even if it is not just.
How can Israel say that everyone is equal before the law - that you're equal before the law - when the law defines Judaism as the cultural, national and legislative basis for the state?
For every crime that comes before him, a judge is required to complete a perfect syllogism in which the major premise must be the general law; the minor, the action that conforms or does not conform to the law; and the conclusion, acquittal or punishment. If the judge were constrained, or if he desired to frame even a single additional syllogism, the door would thereby be opened to uncertainty.
Absent scandal, a federal judge can serve for decades on the bench, underscoring the importance of appointing judges who have a proper understanding of their constitutional role.
From the fact that people are very different it follows that, if we treat them equally, the result must be inequality in their actual position, and that the only way to place them in an equal position would be to treat them differently. Equality before the law and material equality are therefore not only different but are in conflict with each other; and we can achieve either one or the other, but not both at the same time.
Under the Constitution, federal law trumps both state and city law. But antitrust law allows states some exceptional leeway to adopt anticompetitive business regulations, out of respect for states' rights to regulate business. This federal respect for states' rights does not extend to cities.
I wouldn't approach the issue of judging in the way the president does. Judges can't rely on what's in their heart. They don't determine the law. Congress makes the law. The job of a judge is to apply the law.
I am sure from my experience of juries that, in a criminal case especially, they will obey the law as declared by the Judge; they will take the law from the Judge, whether they like it or do not like it, and apply it honestly to the facts before them.
You know who has tenure? The pope has tenure. The Queen of England has tenure. So does Fidel and the communists - because they represent the people, of course (scoff). Federal judges have tenure as well - no federal judge has ever successfully been removed. And then there's the college professors. Me. How do you like that?
People must be confident that a judge's decisions are determined by the law and only the law. He must be faithful to the Constitution and statutes passed by Congress. Fidelity to the Constitution and the law has been the cornerstone of my life and the hallmark of the kind of judge I have tried to be.
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