“Clearly, there are limits on the Executive power. There are limits on the Commander-in-Chief power. Youngstown Sheet and Tube tells us that. That was a case where the President issued an Executive Order to seize steel mills, cited exigent circumstances related to the Korean War. The Supreme Court stepped forward and said no, you can't do that. That is a clear example of courts doing, I think, what the Senator described. How does a court go about that? I think that certainly as a court of appeals judge, you start with the Constitution itself. You go to Supreme Court precedent, which is obviously binding on any court of appeals. You look to the prior precedents of one's own circuit, which would be binding as well. The decisionmaking can also be informed by precedents from other circuits. I think you look at those things, and you try to reach a lawful result, which is precisely that and which is not a result which is driven by passion or considerations of the moment. That is why judges have life tenure.”

— Raymond Kethledge

Confirmation of Raymond Kethledge https://www.congress.gov/110/chrg/shrg48894/CHRG-110shrg48894.htm (May 7, 2008)

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Raymond Kethledge 2

a United States Circuit Judge of the United States Court of… 1966

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[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]
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Books, articles, and speeches
Context: An oft-heard description of the Supreme Court is that it is the ultimate protector in our society of the liberties of the individual. This phrase describes an important role of the Supreme Court, but by ignoring other equally important functions of the Court, it has a potential for mischief. It is a fairly short leap from this language to a feeling that the US Constitution is somehow "vindicated" every time a claim of individual right against government is upheld, and is not vindicated whenever such a claim is not upheld. But this, of course, cannot be the case. The role of the Supreme Court is to uphold those claims of individual liberty that it finds are well-founded in the Constitution, and to reject other claims against the government that it concludes are not well-founded. Its role is no more to exclusively uphold the claims of the individual than it is to exclusively uphold the claims of the government: It must hold the constitutional balance true between these claims.

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Dean Acheson (1893–1971) Statesman and lawyer

Grapes from Thorns (1972), page 67.

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