“The operation was a success, but the patient died.' What such a procedure is to medicine, the Court's opinion in this case is to law.”

—  Antonin Scalia

National Endowment for the Arts v. Finley, 524 U.S. 569 (1998) (Scalia, concurring).
1990s

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

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“The operation was a success, but the patient died.”

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

What such a procedure is to medicine, the Court's opinion in this case is to law.
National Endowment for the Arts v. Finley, 524 U.S. 569 (1998) (Scalia, concurring).
1990s

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“The role of the court is to apply law to the facts of the case before it … not to legislate, not to arrogate to itself the executive power, not to hand down advisory opinion on the issues of the day.”

Merrick Garland (1952) American judge

[Merrick Garland, Confirmation hearing on nomination of Merrick Garland to the United States Court of Appeals for the District of Columbia Circuit, United States Senate, December 1, 1995]; quote excerpted in:
March 18, 2016, The Potential Nomination of Merrick Garland, SCOTUSblog, Tom Goldstein, April 26, 2010 http://www.scotusblog.com/2010/04/the-potential-nomination-of-merrick-garland/, and also excerpted quote from this source, next cited in:
[March 18, 2016, The Quotable Merrick Garland: A Collection of Writings and Remarks, http://www.nationallawjournal.com/home/id=1202752327128/The-Quotable-Merrick-Garland-A-Collection-of-Writings-and-Remarks, Zoe Tillman, The National Law Journal, March 16, 2016, 0162-7325]
Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)

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“A Court of equity can mould interests differently from a Court of law; and can give relief in cases where a Court of law cannot.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

Clayton v. Adams (1796), 6 T. R. 605.

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“A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.”

Sir Francis Buller, 1st Baronet (1746–1800) British judge

Jones v. Smart (1785), 1 T. R. 52.

Learned Hand photo

“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.

Tariq Aziz photo

“The Dujail case is part of a chain of assassination operations against officials and I am one of the victims, the president of the state in any country, if faced with an assassination attempt, should take procedures to punish those who conduct and help this operation. According to the law, people who support this assassination can also be convicted.”

Tariq Aziz (1936–2015) Iraqi Foreign Minister under Saddam Hussein

BBC News (May 24, 2006), "Aziz testifies for Saddam defence" http://news.bbc.co.uk/2/hi/middle_east/5011164.stm

John Marshall photo

“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
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“Inconvenience arising from the operation of an Act of Parliament can be no ground of argument in a Court of law.”

Richard Arden, 1st Baron Alvanley (1744–1804) British judge and politician

Grigby v. Oakes (1801), 1 Bos. & Pull. 528.

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“The interpretation of a case is corroborated only by the successful continuation of a self-formative process, that is by the completion of self-reflection, and not in any unmistakable way by what the patient says or how he behaves”

Jürgen Habermas book Knowledge and Human Interests

Source: Knowledge and Human Interests, 1971, p. 266

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“In my conception of it, the primary role of the Court is to decide cases. From the decision of cases, of course, some changes develop, but to try to create or substantially change civil or criminal procedure, for example, by judicial decision is the worst possible way to do it. The Supreme Court is simply not equipped to do that job properly.”

Warren E. Burger (1907–1995) Chief Justice of the United States from 1969 to 1986

" Excerpts From Interview With Chief Justice Burger on Role of the Supreme Court http://www.nytimes.com/1971/07/04/archives/excerpts-from-interview-with-chief-justice-burger-on-role-of-the.html", The New York Times (July 4, 1971).

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