“The Constitution contains no right to abortion. It is not to be found in the longstanding traditions of our society, nor can it be logically deduced from the text of the Constitution - not, that is, without volunteering a judicial answer to the nonjusticiable question of when human life begins. Leaving this matter to the political process is not only legally correct, it is pragmatically so. That alone - and not lawyerly dissection of federal judicial precedents - can produce compromises satisfying a sufficient mass of the electorate that this deeply felt issue will cease distorting the remainder of our democratic process. The Court should end its disruptive intrusion into this field as soon as possible.”

— Antonin Scalia

Ohio v. Akron Center for Reproductive Health, (1990, concurring), 497 U.S. 502 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?friend=oyez&navby=case&court=us&vol=497&invol=502#520 ; decided June 25,1990).
1990s

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Antonin Scalia 100

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

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“Inadequate compensation seriously compromises the judicial independence fostered by life tenure. That low salaries might force judges to return to the private sector rather than stay on the bench risks affecting judicial performance... Every time an experienced judge leaves the bench, the nation suffers temporary loss in judicial productivity. Diminishing judicial salaries affects not only those who have become judges but also the pool of those willing to be considered for a position on the federal bench.”

William H. Rehnquist (1924–2005) Chief Justice of the United States

Statement before the National Commission on Public Service http://www.uscourts.gov/Press_Releases/cj.html, July 15, 2002.
Books, articles, and speeches

“Public administration is the use of managerial, political, and legal theories and processes to fulfill legislative, executive, and judicial governmental mandates for the provision of regulatory and service functions for the society as a whole or for some segments of it.”

David H. Rosenbloom (1943) American academic

David H. Rosenbloom Public Administration, 2nd Edition, p. 6

“My difficulty with Roe v. Wade is a legal rather than a moral one. I do not believe – and no one believed for 200 years – that the Constitution contains a right to abortion. And if a state were to permit abortion on demand, I would and could in good conscience vote against an attempt to invalidate that law, for the same reason that I vote against invalidation of laws that contradict Roe v. Wade; namely, simply because the Constitution gives the federal government and, hence, me no power over the matter.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

Call for Reckoning http://pewforum.org/deathpenalty/resources/transcript3.php3 - Pew Forum conference (25 January 2002). N.b. this speech was later modified into an article - God's Justice and Ours http://www.firstthings.com/article/2007/01/gods-justice-and-ours-32 which repeats much the same points.
2000s

“Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only not to depend upon it, but in some sort to balance it.”

Edmund Burke book Reflections on the Revolution in France

Reflections on the Revolution in France (1790)
Context: Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only not to depend upon it, but in some sort to balance it. It ought to give a security to its justice against its power. It ought to make its judicature, as it were, something exterior to the state.

“One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision — wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.”

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

[Unenumerated Rights and the Dictates of Judicial Restraint, Address to the Canadian Institute for Advanced Legal Studies, Stanford University. Palo Alto, California., http://web.archive.org/web/20080627022153/http://www.andrewhyman.com/1986kennedyspeech.pdf, 24 July 1986 to 1 August 1986, 13] (Also quoted at p. 443 of Kennedy's 1987 confirmation transcript http://www.gpoaccess.gov/congress/senate/judiciary/sh100-1037/browse.html).

“In the rare event that the Supreme Court refuses to play along—there is always a perfectly legal, extra-constitutional, quasi-legislative, quasi-executive, quasi-judicial, 'independent' regulatory commission or executive agency to kill off or override constitutional protections.”

Ilana Mercer South African writer

"Quacking Over Ducksters As Freedoms Go Poof" http://www.wnd.com/2014/01/quacking-over-ducksters-as-freedoms-go-poof/, WorldNetDaily.com, January 3, 2014.
2010s, 2014

“As I understand the various opinions today: One Justice holds that two-parent notification is unconstitutional (at least in present circumstances) without judicial bypass, but constitutional with bypass […]; four Justices would hold that two-parent notification is constitutional with or without bypass […]; four Justices would hold that two-parent notification is unconstitutional with or without bypass, though the four apply two different standards […]; six Justices hold that one-parent notification with bypass is constitutional, though for two different sets of reasons […]; and three Justices would hold that one-parent notification with bypass is unconstitutional […]. One will search in vain the document we are supposed to be construing for text that provides the basis for the argument over these distinctions and will find in our society’s tradition regarding abortion no hint that the distinctions are constitutionally relevant, much less any indication how a constitutional argument about them ought to be resolved. The random and unpredictable results of our consequently unchanneled individual views make it increasingly evident, Term after Term, that the tools for this job are not to be found in the lawyer’s – and hence not in the judges – workbox. I continue to dissent from this enterprise of devising an Abortion Code, and from the illusion that we have authority to do so.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

On whether a state law may require notification of both parents before a minor can obtain an abortion; Hodgson v. Minnesota (1990, concurring in the judgment and dissenting in part), 497 U.S. 417 http://caselaw.findlaw.com/us-supreme-court/497/417.html, No. 88-605 ; decided June 25, 1990
1990s

“We believe … in obedience to, and respect for the judicial department of government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution.”

Abraham Lincoln (1809–1865) 16th President of the United States

1850s, Speech on the Dred Scott Decision (1857)
Context: We believe … in obedience to, and respect for the judicial department of government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. … If this important decision had been made by the unanimous concurrence of the judges, and without any apparent partisan bias, and in accordance with legal public expectation, and with the steady practice of the departments throughout our history, and had been in no part, based on assumed historical facts which are not really true; or, if wanting in some of these, it had been before the court more than once, and had there been affirmed and re-affirmed through a course of years, it then might be, perhaps would be, factious, nay, even revolutionary, to not acquiesce in it as a precedent.

“A powerful judicial system is our protection Gone are the days when easy to carry out a coup d’état. Only a powerful judicial system is our protection from all abuses and mishandling of any issue, including the politics or economics of the country.”

Akhtar Aly Kureshy (1963) Pakistani advocate, legal advisor

Source: https://www.pakistantoday.com.pk/2020/11/07/seeking-judicial-activism/

“I have many things to say. My every right, constitutional, civil, political and judicial has been tramped upon. I have not only had no jury of my peers, but I have had no jury at all.”

Susan B. Anthony (1820–1906) American women's rights activist

Account of Matilda Joslyn Gage (20 June 1873) to Kansas Leavenworth Times (3 July 1873)
Trial on the charge of illegal voting (1874)

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Antonin Scalia 100

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