A Quote by Samuel Alito
Good judges are always open to the possibility of changing their minds based on the next brief that they read, or the next argument that's made by an attorney who's appearing before them, or a comment that is made by a colleague during the conference on the case when the judges privately discuss the case.
Related Quotes
I'm a common law judge. I believe in deciding every case on its facts, not on a legal philosophy. And I believe in deciding each case in the most limited way possible, because common law judges have a firm belief that the best development of the law is the one that lets society show you the next step, and that next step is in the new facts that each case presents.
You never know when you lose a case whether it was because the facts were against you, or because the judges had already made up their minds, or if you could have done something differently.
The Ramaswami case and subsequent attempts to impeach judges have demonstrated the total impracticality of that instrument to discipline judges.
If you want good behavior, don't pay on a commission basis. Our judges aren't paid so much a case. We keep them pretty well isolated with a fixed salary. Judges in this whole thing have come out pretty well - there have been relatively few scandals.
There's a sorry history of these kinds of charges of bias being leveled at women and judges of color, and also gay and lesbian judges. The theory being that they're going to be incapable of a disinterested judgment on matters that involve their own identity groups. And it came up famously for Constance Baker Motley who was one of the first African American federal judges in a case involving sex discrimination.
Courts should always do the right thing. But if winning were as simple as making a good argument and filing a good brief, then we would have won the freedom to marry 40 years ago. We must put the legal work next to the public education work next to the legislative work next to the organizing work, and that's what's brought us so far.
We must remember that we have to make judges out of men, and that by being made judges their prejudices are not diminished and their intelligence is not increased.
We just have to go to that next class, read that next chapter, help that next person. You simply have to do that next good thing, and before you know it, you're living a good life.
Judges need to restrict themselves to the proper resolution of the case before them. They need to avoid the temptation to set broad policy.
You can, if you wish, think of it like the universe: Each case is a sun, and all the judges, lawyers and administrative personnel represent planets revolving around the case in fixed orbit, never getting closer.
In England the judges should have independence to protect the people against the crown. Here the judges should not be independent of the people, but be appointed for not more than seven years. The people would always re-elect the good judges.
Say you have a headline like "Mountain Bike Stolen," and then you read the story, read another story about it the next day, and then the next week, and then the next year. News is a process of expansion, the filling in of detail, and making narrative connections - not based on chronology, but based on features of the story. There are narrative connections made between props, between characters, between situations, and so forth.
He was a first-time nonviolent possible offender, ... And under the mandatory minimums, he was put in prison for 15 years. Not only does the punishment not fit the crime, but the mandatory minimums don't give judges any discretion to look at the background of the case, to read into the specifics of the case. I don't know a judge who really is in favor of the mandatory minimums.
We should evaluate judges and judicial nominees based on the general process for applying the law to any legal disputes, not on the specific result in a particular case or dispute.
The economic basis on which Nicola Sturgeon and the Scottish nationalists made the case for separation was based on an oil price much higher than it is at the moment, so there will be no case for it.
We have judges in the American system and they take on a black robe where they are supposed to shield their partisan preferences. They are not red or blue state judges. They are judges.
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