“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

— Antonin Scalia

Dissenting (footnote #22), Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015) ; decided June 26, 2015.
2010s

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Antonin Scalia 100

former Associate Justice of the Supreme Court of the United… 1936–2016

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“They knew, however, that self-government is still government, and that the authority of the Constitution and the law is still authority. They knew that a government without power is a contradiction in terms. In order that their President and their Congress might not surpass the bounds of the authority granted to them, by the Constitution which the people had made, and so infringe upon the liberties of the people, they established a third independent department of the government, with the power to interpret and declare the Constitution and the law, the inferior courts and the Supreme Court of the United States. No President, however powerful, and no majority of Congress however large, can take from an individual, no matter how humble, that freedom and those rights which are guaranteed to him by the Constitution. The Supreme Court has final authority to determine all questions arising under the Constitution and laws of the United States.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, Ordered Liberty and World Peace (1924)

“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it…”

Learned Hand (1872–1961) American legal scholar, Court of Appeals judge

“The Spirit of Liberty” - speech at “I Am an American Day” ceremony, Central Park, New York City (21 May 1944).
Extra-judicial writings
Context: What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow.
What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.

“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.

“As no Court has ever attempted to define fraud, so no Court has ever attempted to define undue influence, which includes one of its many varieties.”

Nathaniel Lindley, Baron Lindley (1828–1921) English judge

Allcard v. Skinner (1887), L. R. 36 Ch. 183.

“I always defended the Constitution, because it was for liberty. It was ordained by the people of the United States. Not by a superannuated old mummy of a judge, and a Jesuit at that, but by the people of the United States. To establish justice, secure the blessing of liberty for themselves and their posterity, and to secure the natural rights of every human being within its exclusive jurisdiction. Therefore, I love it. These men can perceive nothing in the Constitution but slavery.”

Owen Lovejoy (1811–1864) American politician

As quoted in His Brother's Blood: Speeches and Writings, 1838–64 https://books.google.com/books?id=qMEv8DNXVbIC&pg=PA193&lpg=PA199 (2004), edited by William Frederick Moore and Jane Ann Moore, p. 199
1860s, Speech to the U.S. House of Representatives (April 1860)

“In the first place, the meaning of the Constitution never varies. It means today exactly what it meant on the day of its adoption. To hold otherwise would destroy the judicial character of the Supreme Court, and make the continuance of our "unalienable" rights completely uncertain. This has been forcibly stated in South Carolina vs. United States, 199 U. S., at 448: "The Constitution is a written instrument. As such its meaning does not alter. That which it meant when adopted it means now. * * * Those things which are within its grants of power, when made, are still within them, and those things not within remain still excluded. * * * Any other rule of construction, would abrogate the judicial character of this Court, and make it the mere reflex of the popular opinion or passion of the day."”

George Howard Earle, Jr. (1856–1928) American lawyer

From Is Capital Income? (1921) by George H. Earle, Jr.

“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

“We have laws in states, like the one at the Supreme Court right now, that has sodomy laws and they were there for a purpose. Because, again, I would argue, they undermine the basic tenets of our society and the family. And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. Does that undermine the fabric of our society? I would argue yes, it does.”

Rick Santorum (1958) American politician

“Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add "within the limits of the law" because law is often but the tyrant's will, and always so when it violates the rights of the individual.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Letter to Isaac H. Tiffany (4 April 1819)
1810s

“I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion.”

Samuel Alito (1950) Associate Justice of the Supreme Court of the United States

"Application to become deputy assistant AG" http://washingtontimes.com/national/20051114-015136-2101r.html, Washington Times, (1985)

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