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The conflict about the meaning of free speech went on through the 1920s, Holmes and Brandeis persisting in their view and expressing it in strongly worded dissents. In one sense it was a curious performance by the two of them, for each had a deep commitment to the Supreme Court as an institution and thought that division among the justices should be avoided when possible.
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Lewis, Anthony (1992). Make No Law: The Sullivan Case and the First Amendment. Vintage. pp. 82-83. ISBN 0679739394. 

 

Anthony Lewis

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Dissents speak to a future age. It's not simply to say, 'My colleagues are wrong and I would do it this way.' But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today but for tomorrow.

 

Ruth Bader Ginsburg

 

Of course, the popular vote was in my favour, and the outcome in the electoral college was not driven by an effort to count every vote that was cast, because the counting was truncated by a Supreme Court decision. In the American system, unfortunately there is no intermediate step between a Supreme Court decision and violent revolution.
Given those two remaining alternatives, I took the advice of Winston Churchill, who said that the American people generally do the right thing after first exhausting every available alternative. Choosing to live under the rule of law seemed to be the only alternative remaining, even though I strongly, strongly disagreed with the Supreme Court decision. Historians and scholars will put that decision in its own separate category.

 

Al Gore

 

The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.

 

Anthony Kennedy

 

But there is one way in this country in which all men are created equal — there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court. It can be the Supreme Court of the United States or the humblest J.P. court in the land, or this honourable court which you serve. Our courts have their faults, as does any human institution, but in this country our courts are the great levellers, and in our courts all men are created equal.

 

Harper Lee

 

I've chosen not to challenge the rule of law, because in our system there really is no intermediate step between a Supreme Court decision and violent revolution. When the Supreme Court makes a decision, no matter how strongly one disagrees with it, one faces a choice — are we, in John Adams' phrase, a nation of laws, or is it a contest made on raw power?

 

Al Gore