A Quote by William J. Brennan
No doubt, there are those who believe that judges - and particularly dissenting judges - write to hear themselves say, as it were, 'I, I, I.' And no doubt, there are also those who believe that judges are, like Joan Didion, primarily engaged in the writing of fiction. I cannot agree with either of those propositions.
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As long as judges tinker with the Constitution to 'do what the people want,' instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.
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.
There are three distinct kind of judges upon all new authors or productions; the first are those who know no rules, but pronounce entirely from their natural taste and feelings; the second are those who know and judge by rules; and the third are those who know, but are above the rules. These last are those you should wish to satisfy. Next to them rate the natural judges; but ever despise those opinions that are formed by the rules.
It is truly excellent to have someone believe in you and your ability to write. But I think it is just as helpful to have people who don't believe in you, people who mock you, people who doubt you, people who enrage you. Fortunately, there is never a shortage of this type of person in the world ... write for yourself. Write for the story. And write, also, for all of the people who doubt you. Write for all those people who are not brave enough to do this grand and wondrous thing themselves. Let them motivate you.
During my years as a practicing lawyer, it just was part of your study of what Congress was trying to say in their statutes. I never really considered judges or scholars as either those who used legislative history or those who were opposed to it until after I got on the court.
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.
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
Diversity on the bench is critical. As practitioners, you need judges who 'get it!' We need judges who understand what discrimination feels like. We need judges who understand what inequality feels like. We need judges who understand the subtleties of unfair treatment and who are willing to call it out when they see it!
Believe those who seek the truth, doubt those who find it; doubt all, but do not doubt yourself.
My first week at 'DWTS' was amazing! I definitely fangirled when I walked into the ballroom because I looked at all the judges and where they were sitting, and I was like, 'Wow, that's the official judges' table!'
Remember when John Roberts was seeking confirmation of the Supreme Court, and he said judges should be just like umpires, just calling balls and strikes? Well, turnabout is fair play. What baseball needs behind the plate are umpires like those judges who are called strict constructionists, which means you follow subtle law to the letter.
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.
Those who say they believe in God and yet neither love nor fear Him, do not in fact believe in Him but in those who have taught them that God exists. Those who believe that they believe in God, but without any passion in their heart, any anguish of mind, without uncertainty, without doubt, without an element of despair even in their consolation, believe only in the God-idea, not in God.
I don't like prolonged, highly expensive commissions, especially if they are chaired by judges. We seem to have overwhelming faith in judges.
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.
Doubt yourself and you doubt everything you see. Judge yourself and you see judges everywhere. But if you listen to the sound of your own voice, you can rise above doubt and judgment. And you can see forever.
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