“I appeared frequently in the courts – state and federal – for hearings and trials. Initially, I received routine compliments from judges – and grudgingly from defense attorneys – on my legal comprehension and ability. This all changed when I persisted in efforts to have the courts comply with the laws. I refused to accept the unwritten rule that certain issues are not to be challenged or exposed. My efforts were calculated to bring the courts to bear on DOC officials at the highest levels, to force them to change the conditions under which we lived, and conform them to basic requirements of the written laws. The courts had other plans. The state courts were not willing to grant these sorts of relief, although the letter of the law required it. They attempted instead, numerous times, to grant my release from prison.”

— Kevin Rashid Johnson

Defying the Tomb: Selected Prison Writings and Art of Kevin Rashid Johnson (2010)

Adopted from Wikiquote. Last update Sept. 14, 2021. History

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Kevin Rashid Johnson 12

American prisoner and social activist 1971

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“It was said by a very learned Judge, Lord Macclesfield, towards the beginning of this century that the most effectual way of removing land marks would be by innovating on the rules of evidence; and so I say. I have been in this profession more than forty years, and have practised both in Courts of law and equity; and if it had fallen to my lot to form a system of jurisprudence, whether or not I should have thought it advisable to establish two different Courts with different jurisdictions, and governed by different rules, it is not necessary to say. But, influenced as I am by certain prejudices that have become inveterate with those who comply with the systems they found established, I find that in these Courts proceeding by different rules a certain combined system of jurisprudence has been framed most beneficial to the people of this country, and which I hope I may be indulged in supposing has never yet been equalled in any other country on earth. Our Courts of law only consider legal rights: our Courts of equity have other rules, by which they sometimes supersede those legal rules, and in so doing they act most beneficially for the subject. We all know that, if the Courts of law were to take into their consideration all the jurisdiction belonging to Courts of equity, many bad consequences would ensue. To mention only the single instance of legacies being left to women who may have married inadvertently: if a Court of law could entertain an action for a legacy, the husband would recover it, and the wife might be left destitute: but if it be necessary in such a case to go into equity, that Court will not suffer the husband alone to reap the fruits of the legacy given to the wife; for one of its rules is that he who asks equity must do equity, and in such a case they will compel the husband to make a provision for the wife before they will suffer him to get the money. I exemplify the propriety of keeping the jurisdictions and rules of the different Courts distinct by one out of a multitude of cases that might be adduced.... One of the rules of a Court of equity is that they cannot decree against the oath of the party himself on the evidence of one witness alone without other circumstances: but when the point is doubtful, they send it to be tried at law, directing that the answer of the party shall be read on the trial; so they may order that a party shall not set up a legal term on the trial, or that the plaintiff himself shall be examined; and when the issue comes from a Court of equity with any of these directions the Courts of law comply with the terms on which it is so directed to be tried. By these means the ends of justice are attained, without making any of the stubborn rules of law stoop to what is supposed to be the substantial justice of each particular case; and it is wiser so to act than to leave it to the Judges of the law to relax from those certain and established rules by which they are sworn to decide.”

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

Bauerman v. Eadenius (1798), 7 T. R. 667.

“Jan Mickelson: One of my litmus test questions to find out what kind of thinking process a candidate has done on this, is to ask my test question. Test question is: do you think that Roe v. Wade is the law of land?
Ron Paul: Well, they call it the law of the land, but I want to clarify that by getting rid of it. I think this is one example of the courts overstepping their bounds tremendously. Texas had a law against this violent act, and it went in to the federal courts and the Supreme Court. They overruled the state law, which should have been legitimate, and then came down on the side of legalizing killing a fetus, even into the 3rd trimester. But the fastest way to accomplish this is not through a constitutional amendment, or waiting till you get enough justices to overrule. You can pass a law in the Congress, which denies jurisdiction to the federal courts. So if Iowa or Texas or any state passes a law against abortion, you can't get it into the federal courts, and the states would decide this issue, as they decide all issues of violence: murder, manslaughter, theft, all this things are supposed to be state issues.”

Ron Paul (1935) American politician and physician

Interview by Jan Mickelson, August 9, 2007 http://www.mickelson.libsyn.com/index.php?post_year=2007&post_month=08
2000s, 2006-2009

“Unlike the unfortunate practice or custom in Washington and in much of the country, the court is a model of civility. It's a wonderful place. Though there have been many contentious issues to come before the court during these initial years of my tenure, I have yet to hear the first unkind words exchanged among my colleagues. And quite frankly, I think that such civility is the sine qua non of conducting the affairs of the court and the business of the country.”

Clarence Thomas (1948) Associate Justice of the Supreme Court of the United States

1990s, I Am a Man, a Black Man, an American (1998)

“The freedom of peoples depends fundamentally on the rule of law, a fair legal system. The place to have trials or accusations is a court of law, the Common Law that has come right up from Magna Carta, which has come right up through the British courts – a court of law is the place where you deal with these matters. If you ever get trial by television or guilt by accusation, that day freedom dies because you have not had it done with all of the careful rules that have developed in a court of law. Press and television rely on freedom. Those who rely on freedom must uphold the rule of law and have a duty and a responsibility to do so and not try to substitute their own system for it.”

Margaret Thatcher (1925–2013) British stateswoman and politician

Criticising the Thames Television programme "Death on the Rock", in an interview with Hatsuhisa Takashima of NHK Japanese television (29 April 1988) http://www.margaretthatcher.org/speeches/displaydocument.asp?docid=107058
Third term as Prime Minister

“Classmate 1: Count Dashkov is close to the tsar…a minister at the court no less…
Classmate 2: Ha…that Mathieu Golovinski is a clever one. Meanwile he has a job…working as a clerk for the state police…
Classmate 3: He plays both sides……rumor has it that he organized a street protest last month!
Court clerk: You’re late again Golovinski…the judge is about to give a verdict on the evidence you provided in court!
Judge: The defendant will be brought forward!
Judge: This court convicts you as a rebel plotter!
Defense attorney: As his lawyer I protest…my client is being framed with false evidence!
Judge: These documents were provided by the state police… a responsible source…as his lawyer you were given an opportunity to examine them!
Defense attorney: Yes, I did! And they were clearly faked!. This police clerk creates and provides their evidence!
Judge: Ten years hard labor!
Defense attorney: You Golovinski, you fabricated them…you!
Golivinski: I only work for the police! So accuse them!
Defense attorney: One day you will be exposed!
Everyone knows what you are. The police hire you to fabricate evidence. It will come out’’’sooner or later!
Golovinski: Ha, ha, I’ll not be there long! Count Dashkov will find me another place!”

Will Eisner (1917–2005) American cartoonist

Source: The Plot: The Secret Story of the Protocols of the Elders of Zion (10/2/2005), pp.36-39

“In diversity cases where there is a conflict between the laws of the states of the parties, the federal court has to determine which state’s laws to apply. New York federal courts will use a multi-factor test to determine which state has the “most significant relationship” to the legal dispute, and will use that state’s laws.”

Marc Randazza (1969) American writer

“"A Case I Won – But I Would Prefer To Have Lost”. Criticizing his own win, Nariman said “I don’t see what is so special about the first five judges of the Supreme Court. They are only the first five in seniority of appointment – not necessarily in superiority of wisdom or competence. I see no reason why all the judges in the highest court should not be consulted when a proposal is made for appointment of a high court judge (or an eminent advocate) to be a judge of the Supreme Court. I would suggest that the closed-circuit network of five judges should be disbanded.”

Fali Sam Nariman (1929) Indian politician

When he appeared in the Second Judges Case in the the Supreme Court Nariman which he won.
Fali S. Nariman, ‘Before Memory Fades: An Autobiography

“If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

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

Dissenting (footnote #22), Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015) ; decided June 26, 2015.
2010s

“I have always thought it highly injurious to the public that different rules should prevail in the different Courts on the same mercantile case. My opinion has been uniform on that subject. It sometimes indeed happens that in questions of real property Courts of law find themselves fettered with rules, from which they cannot depart, because they are fixed and established rules1; though equity may interpose, not to contradict, but to correct, the strict and rigid rules of law. But in mercantile questions no distinction ought to prevail. The mercantile law of this country is founded on principles of equity; and when once a rule is established in that Court as a rule of property, it ought to be adopted in a Court of law. For this reason Courts of law of late years have said that, even where the action is founded on a tort, they would discover some mode of defeating the plaintiff, unless his action were also founded on equity; and that though the property might on legal grounds be with the plaintiff, if there were any claim or charge by the defendant, they would not consider the retaining of the goods as a conversion.”

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

Tooke v. Hollingworth (1793), 5 T. R. 229.

“I have never changed my stance nor my story. I have always maintained my innocence. Thank you to all my fans, supporters and friends who stood by me through this ordeal. Special thanks to the Pennsylvania Supreme Court for upholding the rules of law.”

Bill Cosby (1937) American actor, comedian, author, producer, musician, activist

Source: In 2021 on his acquittal concerning sexual assault allegations that involved him. https://www.hollywoodreporter.com/news/general-news/bill-cosby-prison-release-1234976311/

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