“In sum, the Court's conclusion that a constitutionally adequate recount is impractical is a prophecy the Court's own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States. I dissent.”

Dissenting, Bush v. Gore, 531 U.S. 98 (2000)

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Ruth Bader Ginsburg16

Associate Justice of the Supreme Court of the United States 1933

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“The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.”

Anthony Kennedy (1936) Associate Justice of the Supreme Court of the United States

Bush v. Gore, 531 U.S. 98 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=00-949 (12 December 2000).

“It is not a pleasure for any President of the United States, as I am sure it was not a pleasure for my predecessors, to come before the Congress and ask for new appropriations which place burdens on our people. I came to this conclusion with some reluctance. But in my judgment, this is a most serious time in the life of our country and in the life of freedom around the globe, and it is the obligation, I believe, of the President of the United States to at least make his recommendations to the Members of the Congress, so that they can reach their own conclusions with that judgment before them. You must decide yourselves, as I have decided, and I am confident that whether you finally decide in the way that I have decided or not, that your judgment--as my judgment--is reached on what is in the best interests of our country.”

John F. Kennedy (1917–1963) 35th president of the United States of America

May 1961 in address to joint session of congress https://www.jfklibrary.org/learn/about-jfk/historic-speeches/address-to-joint-session-of-congress-may-25-196125 <br class="br">1961

“I am willing to join in your statement on the ground that I feel about the future of the United States whenever the President starts out on his travels the way the Marshal of the Supreme Court does when he opens a session of that Court. You will recall that he ends up his liturgy by saying "God save the United States for the Court is now sitting.”

Dean Acheson (1893–1971) Statesman and lawyer

Grapes from Thorns (1972), page 67.

“The first opinion the Court ever filed has a dissenting opinion. Dissent is a tradition of this Court… When someone is writing for the Court, he hopes to get eight others to agree with him, so many of the majority opinions are rather stultified.”

William O. Douglas (1898–1980) Associate Justice of the Supreme Court of the United States

Interview with the New York Times (29 October 1973)
Other speeches and writings

“But there is one way in this country in which all men are created equal — there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court. It can be the Supreme Court of the United States or the humblest J. P. court in the land, or this honourable court which you serve. Our courts have their faults, as does any human institution, but in this country our courts are the great levellers, and in our courts all men are created equal.”

Harper Lee book To Kill a Mockingbird

Pt. 2, ch. 20
Atticus Finch
To Kill a Mockingbird (1962)

“In this Court dissents have gradually become majority opinions.”

Felix Frankfurter (1882–1965) American judge

Concurring, Graves v. New York ex rel. O'Keefe, 306 U.S. 446 (1939).
Judicial opinions

“In 1973, the United States Supreme Court handed down Roe v. Wade. In the sweep of a pen, the Supreme Court promised all American women that there would never again be another Jane Roe, beginning distant courts for the basic human right to decide for herself whether to terminate a pernancy. Never again, the Court promised, may the State presume to intrude on a decision so intimate and significant that it may well determine the remainder of a young woman's life.”

Gloria Allred (1941) American civil rights lawyer

Gloria Allred. 1990 Gloria Allred testimony before United States Senate Committee on the Judiciary. Publication Title: Hearings on the Nomination of David H. Souter to be Associate Justice of the Supreme Court of the United States, September 13, 14, 17, 18, and 19, 1990. Category: Congressional Committee Materials. Collection: Additional Government Publications. Publication name: Supreme Court Nomination Hearings. Date issued: September 13, 1990. Congress. 101st Congress, 2nd Session. www.gpo.gov http://www.gpo.gov/fdsys/pkg/GPO-CHRG-SOUTER/pdf/GPO-CHRG-SOUTER-5-2-1.pdf, more info at S. Hrg. 101-1263 at www.gpo.gov http://www.gpo.gov/fdsys/granule/GPO-CHRG-SOUTER/GPO-CHRG-SOUTER-2-4-1-5-3

“Jan Mickelson: One of my litmus test questions to find out what kind of thinking process a candidate has done on this, is to ask my test question. Test question is: do you think that Roe v. Wade is the law of land?
Ron Paul: Well, they call it the law of the land, but I want to clarify that by getting rid of it. I think this is one example of the courts overstepping their bounds tremendously. Texas had a law against this violent act, and it went in to the federal courts and the Supreme Court. They overruled the state law, which should have been legitimate, and then came down on the side of legalizing killing a fetus, even into the 3rd trimester. But the fastest way to accomplish this is not through a constitutional amendment, or waiting till you get enough justices to overrule. You can pass a law in the Congress, which denies jurisdiction to the federal courts. So if Iowa or Texas or any state passes a law against abortion, you can't get it into the federal courts, and the states would decide this issue, as they decide all issues of violence: murder, manslaughter, theft, all this things are supposed to be state issues.”

Ron Paul (1935) American politician and physician

Interview by Jan Mickelson, August 9, 2007 http://www.mickelson.libsyn.com/index.php?post_year=2007&post_month=08 <br class="br">2000s, 2006-2009

“The rule is this: that wherever there is a decision of a Court of concurrent jurisdiction, the other Courts will adopt that as the basis of their decision, provided it can be appealed from. If it cannot be appealed from, then they will exercise their own judgment.”

Sir Frederick Pollock, 1st Baronet (1783–1870) British lawyer and Tory politician

Leech v. North Staffordshire Railway Co. (1860), 29 L. J. M. C. 155.

“The Court ought never to come to the conclusion that two cases in the same Court, or in Courts of co-ordinate jurisdiction, are in conflict, unless it is obliged to. I agree that if two cases are in conflict the Court must say with which of them it agrees.”

William Brett, 1st Viscount Esher (1815–1899) British lawyer, judge and politician

Duke of Devonshire v. O'Connor (1890), L. R. 24 Q. B. D. 473.

“In sum, the Court's conclusion that a constitutionally adequate recount is impractical is a prophecy the Court's own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States. I dissent.”

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Ruth Bader Ginsburg16

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