
1980s, First term of office (1981–1985), Abortion and the Conscience of the Nation (1983)
1990s, The Party of Lincoln vs. The Party of Bureaucrats (1996)
Context: The civil rights establishment, led by the NAACP, fought the good fight that led to the Brown v. Board of Education decision in 1954 and the Civil Rights Acts of 1964 and 1965. They fought that fight under the banner of the Equal Protection Clause of the 14th Amendment, which reflected the equality proclaimed in the Declaration of Independence. The classic statement of this principle is to be found in Justice John Marshall Harlan's dissenting opinion in Plessy v. Ferguson, the infamous 1896 decision that enshrined "separate but equal" into constitutional law for more than half a century, "In view of the Constitution, in the eye of the law, there is in this country no superior dominant ruling class of citizens. There is no caste here. Our Constitution is color blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved".
1980s, First term of office (1981–1985), Abortion and the Conscience of the Nation (1983)
Not special justice, not social justice, but equal justice. We are the inheritors and the protectors of the civil rights movement. They are perverting it. They're perverting it, and they're doing it intentionally. And they're selling us a line of global nonsense.
2010s, 2010
[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, http://blogs.wsj.com/law/2016/03/16/judge-merrick-garland-in-his-own-words/, Judge Merrick Garland, In His Own Words, Joe Palazzolo, March 16, 2016, The Wall Street Journal]
Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)
1960s, Remarks on the Civil Rights Act (1968)
American Constitutional Law (1978), Approaches to Constituitonal Analysis
Speech at the Civil Rights Mass-Meeting Held at Lincoln Hall (22 October 1883), as quoted in The Life and Times of Frederick Douglass https://archive.org/stream/lifetimesoffrede1881doug/lifetimesoffrede1881doug_djvu.txt (1881).
1880s, Speech at the Civil Rights Mass Meeting (1883)
2000s, The Logic of the Colorblind Constitution (2004)
“I would have voted against the Civil Rights Act of 1964.”
As quoted in Los Angeles Times (17 June 1966)
1960s