On judicial arrogance: It is one of the unhappy incidents of the federal system that a self-righteous Supreme Court, acting on its Members' personal view of what would make a 'more perfect Union' (a criterion only slightly more restrictive than a 'more perfect world') can impose its own favored social and economic dispositions nationwide.
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United States v. Virginia (dissenting).Antonin Scalia
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Some people view the public domain with contempt. In their brief before the Supreme Court, the Nashville Songwriters Association wrote that the public domain is nothing more than "legal piracy." But it is not piracy when the law allows it; and in our constitutional system, our law requires it. Some may not like the Constitution's requirements, but that doesn't make the Constitution a pirate's charter.
As we've seen, our constitutional system requires limits on copyright as a way to assure that copyright holders do not too heavily influence the development and distribution of our culture. Yet, as Eric Eldred discovered, we have set up a system that assures that copyright terms will be repeatedly extended, and extended, and extended. We have created the perfect storm for the public domain. Copyrights have not expired, and will not expire, so long as Congress is free to be bought to extend them again.Lawrence Lessig
He represents the kind of political, economic, and social thinking that I believe we need on the Supreme Court … he has a national name for integrity, uprightness, and courage that, again, I believe we need on the Court.
Earl Warren
These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.
John Marshall Harlan
For those denounced by their smug, horrible children
For a peppermint-star and the praise of the Perfect State,
For all those strangled, gelded or merely starved
To make perfect states; for the priest hanged in his cassock,
The Jew with his chest crushed in and his eyes dying,
The revolutionist lynched by the private guards
To make perfect states, in the names of the perfect states.Stephen Vincent Benet
As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
Byron White
Scalia, Antonin
Scanlon, Bethany Kennedy
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