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In our private conversations, Judge Cedarbaum has pointed out to me that seminal decisions in race and sex discrimination cases have come from Supreme Courts composed exclusively of white males. I agree that this is significant but I also choose to emphasize that the people who argued those cases before the Supreme Court which changed the legal landscape ultimately were largely people of color and women.

 

Sonia Sotomayor

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I do not forget the position, assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes.

 

Abraham Lincoln

 

I cannot think of a single answer that I made in the years that I argued before the Court while Justice White sat on it that seemed to satisfy him. While I won a number of cases that I argued before him, and he voted for my side in most of them, I never had the sense that anything I said pleased him. White, a former All-American running back (whose much-repeated college nickname, Whizzer, was one that appalled him), was no fan of press claims for broad First Amendment protection. He invariably asked questions that were both pointed and powerful.

 

Byron White

 

I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion.

 

Samuel Alito

 

There’d been studies over the years supporting the proposition that groups composed exclusively of women usually made intelligent decisions, that exclusively male groups did a bit less well, and that mixed groups did most poorly of all, by a substantial margin. It appeared that, when women were present, testosterone got the upper hand and men took greater risks than they might otherwise. Correspondingly, women in the mixed group tended to revert to roles, becoming more passive, and going along with whatever misjudgment the males might perpetrate.

 

Jack McDevitt

 

For over a century it has been the settled doctrine of the Supreme Court that the principle of stare decisis has only limited application in constitutional cases. It might be thought that if any law is to be stabilized by a court decision it logically should be the most fundamental of all law -- that of the Constitution. But the years brought about a doctrine that such decisions must be tentative and subject to judicial cancellation if experience fails to verify them. The result is that constitutional precedents are accepted only at their current valuation and have a mortality rate almost as high as their authors.

 

Robert H. Jackson