“As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.”

— Byron White

Dissenting from the decision of the US Supreme Court in Doe v. Bolton, 410 U.S. 179 at 222 (1973); also applied to Roe v. Wade, 410 U.S. 113 (1973).

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Byron White 8

Associate Justice of the U.S. Supreme Court, American footb… 1917–2002

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“Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.”

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“I think [that] '[t]he judicial Power of the United States' conferred upon this Court 'and such inferior courts as Congress may establish', must be deemed to be the judicial power as understood by our common-law tradition. That is the power 'to say what the law is', Marbury v. Madison, 1 Cranch 137, 177 (1803), not the power to change it.”

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

James M. Beam Distilling Co. v. Georgia, 501 U.S. 529 http://straylight.law.cornell.edu/supct/html/89-680.ZC3.html (1991) (concurring).
1990s

“[T]he constitution controls any legislative act repugnant to it.... It is emphatically the province and duty of the judicial department to say what the law is.... So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.... Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions... It would be giving the legislature a practical and real omnipotence... The judicial power of the United States is extended to all cases arising under the constitution.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)

“These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.”

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, 589 (1964).

“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 1977 the black-out was lifted. It was done by R. S. C., Ord. 53. The curtains were drawn back. The light was let in. Our administrative law became well-organised and comprehensive. It enabled the High Court to review the decisions of all inferior courts and tribunals and to quash them when they went wrong. And what is more, it enabled the High Court to award damages and grant declarations. No longer is it necessary to bring an ordinary action to obtain damages or declarations. It can all be done by judicial review. This new remedy (by judicial review) has made the old remedy (by action at law) superfluous.”

Alfred Denning, Baron Denning (1899–1999) British judge

O'Reilly v. Mackman, [1983] 2 A.C. 238.
Judgments

“The Courts can take no notice of anything but what comes judicially before them.”

Joseph Yates (judge) (1722–1770) English barrister and judge

Rex v. Wilkes (1769), 4 Burr. Part IV., 2533.

“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).

“It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other, the courts must decide on the operation of each…This is of the very essence of judicial duty.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5 U.S. (1 Cranch) 137, 178
Marbury v. Madison (1803)

“The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements.”

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).

“As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.”

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