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Howard Raiffa

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Each party tended to view its own chances in court as better than the other side viewed them.
--
Part II, Chapter 5, Settling Out of Court, p. 75

 
Howard Raiffa

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We're all a bunch of badminton birdies who just got batted from the Republican side of the court to the Democrat side. We'll eventually get batted back again, of course, unless libertarians can manage to do something about it. If your principal concern, like mine, is freedom, there's absolutely no discernable difference between the two 'majors,' and for all practical purposes, they're one big party — the Boot On Your Neck party — pretending to be two.

 
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Rarely cited by the Supreme Court today, Justice Black is generally viewed by the Court (as he was by Bickel) as too 'absolutist,' too unyielding, too unresponsive to other societal needs. But the Pentagon Papers case may, even now, best be recalled in Justice Black's opinion, the last he would write on the Court.

 
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Thus, in this universal catastrophe, the sufferings of Christians have tended to their moral improvement, because they viewed them with eyes of faith.

 
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I have often been asked to be fair and view a matter from all sides. I did so, hoping something might improve if I viewed all sides of it. But the result was the same. So I went back to viewing things only from one side, which saves me a lot of work and disappointment. For it is comforting to regard something as bad and be able use one's prejudice as an excuse.

 
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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.

 
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