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Judging Quotes

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Judging Quotes

“I'm a common law judge. I believe in deciding every case on its facts, not on a legal philosophy. And I believe in deciding each case in the most limited way possible, because common law judges have a firm belief that the best development of the law is the one that lets society show you the next step, and that next step is in the new facts that each case presents.”

“As a Catholic, you can have two views on capital punishment. You can think, let Caesar do what Caesar needs to do, and the law says you can impose capital punishment, so you impose it. You can [also] be a Catholic who says we can't kill, we can't kill babies and we can't kill adults. If you let a decision be driven by your personal views, then you are not doing what a judge needs to do, which is enforce the laws of the society that you are in. But you can control your own behavior, and that is the choice that the church and God gives us - what kind of people are we going to be.”

“Since natural law was thought to be accessible to the ordinary man, the theory invited each juror to inquire for himself whether a particular rule of law was consonant with principles of higher law. This view is reflected in John Adams' statement that it would be an 'absurdity' for jurors to be required to accept the judge's view of the law, 'against their own opinion, judgment, and conscience.'”

“I don't think the question is if should we have a shield law. I think the question is what kind of shield law we should have. Yes, I'd like to see a federal shield law, but if and only if it provides genuine safeguards and doesn't green-light prosecutors and judges and litigants from going after the press and getting things to which they should not be entitled. It's not a simple kind of litmus test.”

“No person shall be restrained of his liberty but by regular process from a court of justice, authorized by a general law. . . . On complaint of an unlawful imprisonment to any judge whatsoever, he shall have the prisoner immediately brought before him and shall discharge him if his imprisonment be unlawful. The officer in whose custody the prisoner is shall obey the order of the judge, and both judge and officer shall be responsible civilly and criminally for a failure of duty herein.”

“The whole body of the nation is the sovereign legislative, judiciary, and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge and to execute it. It is the will of the nation which makes the law obligatory.”

“We may well soon be subjected to anything that judges want to enforce.... The result will be an enforced inability of the states to pass laws that reflect the principled judgment of their own citizens....And as our Founders taught us so well, ...[that] will be the end of liberty and the establishment of tyranny in America.”

“In the United States we have all across this country, we have dozens of Halakha courts, in which particularly observant Jews can take these issues of family law to an orthodox Court and have that judge, judge for them. As long as the courts don't violate the laws of the land and as long as there's a room for appeal should one or two parties disagree with the verdict, I don't see how this would have anything to do with being incompatible with what we refer to as Western ideas of democracy.”

“In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.”

“We Americans think we enjoy self-government. We have all the trappings of self-government, like elections. But in reality, we have gradually lost many of our rights to govern ourselves. We have the form of self-government, but only some of the substance. We are, in a sense, a nation run by a handful of judges who often enforce, not the law, but their personal opinions.”

“Much of the Constitution is remarkably simple and straightforward - certainly as compared to the convoluted reasoning of judges and law professors discussing what is called 'Constitutional law,' much of which has no basis in that document....The real question [for judicial nominees] is whether that nominee will follow the law or succumb to the lure of 'a living constitution,' 'evolving standards' and other lofty words meaning judicial power to reshape the law to suit their own personal preferences.”

“Obama's attitude toward the rule of law is apparent in the words he used to describe what he is looking for in a nominee to replace Justice David Souter. He wants 'someone who understands justice is not just about some abstract legal theory,' he said, but someone who has 'empathy.' In other words, judges should decide cases so that the right people win, not according to the rule of law.”

“Dubai was brilliant, they looked around the world. They saw Hong Kong, Singapore, New York, Chicago, Sydney, London all ran British common law. British common law is much better for commerce than is French common law or sharia law. So they took 110 acres of Dubai soil, put British common law with a British judge in charge, and they went from an empty piece of soil to the 16th most powerful financial center in [the] world in eight years.”

“To finish first you have to first finish. Don't get in a position where you go back to go. What's interesting is that some guy whose grandfather was a lawyer and a judge-hurriedly going to Harvard Law with a wave of veterans-I was willing to go into so many different businesses. I was constantly going right into the other fellow's business and doing better than the other fellow did. The reason it was possible? Self-education- developing mental discipline, big ideas that really work.”

“But the Bible says that the unreached will be judged on a quite different basis than those who have heard the gospel. God will judge the unreached on the basis of their response to His self-revelation in nature and conscience. The Bible says that from the created order alone, all persons can know that a Creator God exists and that God has implanted His moral law in the hearts of all persons so that they are held morally accountable to God (Rom. 1.20; 2.14-15). The Bible promises salvation to anyone who responds affirmatively to this self-revelation of God”

“The Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution. They made Congress, not this Court, responsible for both making laws and mending them.”

“A New York City judge struck down a proposed law to ban sodas larger than 16 ounces. I think Mayor Bloomberg should spend his time trying to improve stuff like education. New York needs a better education system if kids didn't figure out they could get around the 16-ounce soda ban by simply purchasing two 12-ounce sodas.”

“Why then should words challenge Eternity, When greatest men, and greatest actions die? Use may revive the obsoletest words, And banish those that now are most in vogue; Use is the judge, the law, and rule of speech.”

“I think whether you are a judge on my court or whether you are a judge on a court of appeals or any court, and lawyers too - and if you're interested in law yourself, you'll be in the same situation - you have a text that isn't clear. If the text is clear, you follow the text. If the text isn't clear, you have to work out what it means. And that requires context.”