In this Court dissents gezegde

 In this Court dissents have gradually become majority opinions
  Felix Frankfurter

 But the greatest dissents do become court opinions and gradually over time their views become the dominant view.

 Thus, he brought a renewed emphasis on the rights of victims as well as a new respect for the law officer who works to make this a safe place to live, ... As a young prosecutor, I remember being thrilled to read Chief Justice Rehnquist's dissents in criminal law cases, often lone dissents, that in some cases have become majority opinions of the court under his leadership.

 Rehnquist thought [the court] had gone way too far, and in many dissents was working to cut it back. He succeeded, and he began to succeed even before he became chief justice. He gradually cut back federal-court supervision of state prosecutions. [The death penalty ban] was reversed. And the limits upon prosecutors and police were rationalized and relaxed.

 There will be no majority opinion. This will be one of those unpublished opinions that will not be citable before the Supreme Court,
  Antonin Scalia

 What distinguishes the rule of law from the dictatorship of a shifting Supreme Court majority is the absolutely indispensable requirement that judicial opinions be grounded in consistently applied principle.
  Antonin Scalia

 In the United States the majority undertakes to supply a multitude of ready-made opinions for the use of individuals, who are thus relieved from the necessity of forming opinions of their own
  Alexis de Tocqueville

 [Since then Mr. Hastert and his fellow GOP leaders have skillfully used their narrow majority to win an amazing number of close votes without having to negotiate much with Democrats. But gradually the fear of losing their majority has also begun leading them to behave more and more like the big-spending Democrats they unseated.] Holding the majority used to be viewed as a means to an end--the end being promoting freedom and limited government, ... Now, holding the majority seems to be an end in itself--holding onto power for the sake of holding onto power.

 It is hardly possible that a person could achieve nomination for appointment to the United States Supreme Court and yet have no opinions about the significant constitutional issues and cases of our day, ... And the fact that the nominee does have such opinions and voices them will not undermine impartiality or the appearance of impartiality such that he or she would be disqualified when those issues or cases come before the court.

 The opinions I've read show a circuit-court judge who recognizes what all the lower-court judges recognize, which is that they can't overrule the Supreme Court,

 Rehnquist was a jurist who truly understood the role of the court. He did not let personal opinions cloud his interpretation of the Constitution. His opinions were grounded in the idea that he is to interpret the law, not create it.

 I'm not forming any hard opinions one way or the other. It's way too early. . . . Gradually things clarify themselves.

 I don't think you can read those opinions and say that these are the opinions of an ideologue. You may think they're not enough. You may think you need more of a sample. That's your judgment. But I think if you looked at what I've done since I took the judicial oath, that should convince you that I'm not an ideologue. And you and I agree that that's not the sort of person we want on the Supreme Court.

 We cling to our own point of view, as though everything depended on it. Yet our opinions have no permanence; like autumn and winter, they gradually pass away.

 I think this is the court starting to take a look at this and saying it's crazy. And I don't see the majority saying it's great -- I think I see the majority saying, 'We can't stop it.


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Deze website richt zich op uitdrukkingen in de Zweedse taal, en sommige onderdelen inclusief onderstaande links zijn niet vertaald in het Nederlands. Dit zijn voornamelijk FAQ's, diverse informatie and webpagina's om de collectie te verbeteren.


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