“Today's decision is the pinnacle of our Eighth Amendment death-is-different jurisprudence. Not only does it, like all of that jurisprudence, find no support in the text or history of the Eighth Amendment; it does not even have support in current social attitudes regarding the conditions that render an otherwise just death penalty inappropriate. Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members.”

Atkins v. Virginia (2002) (dissenting).
2000s

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Antonin Scalia100

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

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“I find the speech in this case patently offensive, hateful, and insulting. The Court should not, however, gloss over three decades of jurisprudence and the centrality of First Amendment freedoms in our lives because it is confronted with speech it does not like.”

Sonia Sotomayor (1954) U.S. Supreme Court Justice

Pappas v. Giuliani, 290 F.3d 143 (2002) (dissenting).

“We reject the dissent's contention that our approach, by "largely return[ing] the task of defining the contours of Eighth Amendment protection to political majorities," leaves "‘[c]onstitutional doctrine [to] be formulated by the acts of those institutions which the Constitution is supposed to limit,'" […] By reaching a decision supported neither by constitutional text nor by the demonstrable current standards of our citizens, the dissent displays a failure to appreciate that "those institutions which the Constitution is supposed to limit" include the Court itself. To say, as the dissent says, that "‘it is for us ultimately to judge whether the Eighth Amendment permits imposition of the death penalty,'" (quoting Enmund v. Florida) -- and to mean that as the dissent means it, i. e., that it is for us to judge, not on the basis of what we perceive the Eighth Amendment originally prohibited, or on the basis of what we perceive the society through its democratic processes now overwhelmingly disapproves, but on the basis of what we think "proportionate" and "measurably contributory to acceptable goals of punishment" -- to say and mean that, is to replace judges of the law with a committee of philosopher-kings.”

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

Stanford v. Kentucky (1989) (plurality part, case later overruled by Roper); decided June 26, 1989.
1980s

“Do we really believe in a culture of death? Absolutely not. We believe in the culture of martyrdom. Martyrdom is valuable, sacred, respectable, and great, not something that can be used as an accusation. It is an honor for us to be accused of believing in the culture of martyrdom. What is martyrdom? It is death for the sake of Allah, and in defense of what is just…. Hizbullah, when it comes to matters of jurisprudence pertaining to its general direction, as well as to its Jihad direction, based itself on the decisions of the Jurisprudent. It is the Jurisprudent who permits, and it is the Jurisprudent who forbids. When the resistance of Hizbullah was launched in 1982, it was based on the jurisprudent position and decision of Imam Khomeini, who deemed fighting Israel to be an obligation, and therefore, we adhered to this opinion…. Even with regard to martyrdom operation – a person cannot kill himself unless he has jurisprudent permission.”

Naim Qassem (1953) deputy general secretary of Hezbollah

Deputy Secretary-General of Hizbullah, Sheik Naim Qassem: We Received Jurisprudent Permission to Carry Out "Martyrdom" Operations and to Fire Misilles at Israeli Civilians from Iran, MEMRI, April 2007 http://www.memritv.org/clip_transcript/en/1425.htm,

“As Justice Stevens explains, “ ‘objective evidence, though of great importance, [does] not wholly determine the controversy, for the Constitution contemplates that in the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment.’ ” (quoting Atkins v. Virginia). “I have relied on my own experience in reaching the conclusion that the imposition of the death penalty” Purer expression cannot be found of the principle of rule by judicial fiat. In the face of Justice Stevens’ experience, the experience of all others is, it appears, of little consequence. The experience of the state legislatures and the Congress—who retain the death penalty as a form of punishment—is dismissed as “the product of habit and inattention rather than an acceptable deliberative process.” The experience of social scientists whose studies indicate that the death penalty deters crime is relegated to a footnote. The experience of fellow citizens who support the death penalty is described, with only the most thinly veiled condemnation, as stemming from a “thirst for vengeance.””

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

It is Justice Stevens’ experience that reigns over all.
Baze v. Rees (2008) (concurring).
2000s

“The Court thus proclaims itself sole arbiter of our Nation's moral standards—and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time.”

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

On executing minors: Roper v. Simmons (2005) (dissenting).
2000s

“What a mockery today's opinion makes of Hamilton's expectation, announcing the Court's conclusion - that the meaning of our Constitution has changed over the past 15 years—not, mind you, not that this Court's decision 15 years ago was wrong, but that the Constitution has changed. The Court reaches this implausible result by purporting to advert, not to the original meaning of the Eighth Amendment, but to the evolving standards of decency, of our national society. It then finds, on the flimsiest of grounds, that a national consensus which could not be perceived in our people's laws barely 15 years ago now solidly exists.”

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

On executing minors: Roper v. Simmons (2005) (dissenting).
2000s

“Not only is the sentence meted out to the young boys from impoverished background too harsh, but our fear is that it will set a bad precedent and serve to dilute the "rarest of rare" premise upon which a verdict of death penalty must hinge as per our criminal jurisprudence. While most countries are moving towards abolition of death penalty, this is a move in the reverse direction.”

Flavia Agnes (1947) Indian activist and lawyer

On the verdict in the 2013 Mumbai gang rape, as quoted in " Opinion: Why I oppose death for rapists http://www.mumbaimirror.com/mumbai/cover-story/Opinion-Why-I-oppose-death-for-rapists/articleshow/33250078.cms" Mumbai Mirror (5 April 2014)

“Unless we act anew, with dispatch and resolution, we shall sanction a sad and sorrowful course for the future. For if the Fifteenth Amendment is successfully flouted today, tomorrow the First Amendment, the Fourth Amendment, the Fifth Amendment-the Sixth, the Eighth, indeed, all the provisions of the Constitution on which our system stands — will be subject to disregard and erosion. Our essential strength as a society governed by the rule of law will be crippled and corrupted and the unity of our system hollowed out and left meaningless.”

Lyndon B. Johnson (1908–1973) American politician, 36th president of the United States (in office from 1963 to 1969)

1960s, Special message to Congress on the right to vote (1965)

“There is nothing in the nature of a miracle that should render it incredible: its credibility depends upon the nature of the evidence by which it is supported. An event of extreme probability will not necessarily command our belief unless upon a sufficiency of proof; and so an event which we may regard as highly improbable may command our belief if it is sustained by sufficient evidence. So that the credibility or incredibility of an event does not rest upon the nature of the event itself, but depends upon the nature and sufficiency of the proof which sustains it.”

Charles Babbage Passages from the life of a philosopher

"Passages from the life of a philosopher", Appendix: Miracle. Note (A), p. 88
Passages from the Life of a Philosopher (1864)

“This Court, limited in function in accordance with that premise, does not serve its high purpose when it exceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court, in reality, substitutes its view of what should be so for the amending process.”

John Marshall Harlan II (1899–1971) American judge and Associate Justice of the Supreme Court (1899-1971)

Dissenting in Reynolds v. Sims, 377 U.S. 533, 624-25 (1964).

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