* 1906 – William J. Brennan, American Supreme Court Justice ( d. 1997 )

Five judgments were delivered in the High Court, by ( 1 ) Justice Brennan, ( 2 ) Justice Deane and Justice Gaudron, ( 3 ) Justice Toohey, ( 4 ) Justice Dawson, and ( 5 ) Chief Justice Mason and Justice McHugh.

In a brief concurrence in the judgment of Torres v. Puerto Rico, U. S. Supreme Court Justice Brennan, argued that any implicit limits from the Insular Cases on the basic rights granted by the Constitution ( including especially the Bill of Rights ) were anachronistic in the 1970s.

Justice William J. Brennan, Jr. asserted that " if there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable.

Justice Brennan suggested that public officials may sue for libel only if the publisher published the statements in question with " actual malice " — " knowledge that it was false or with reckless disregard of whether it was false or not.

In Furman v. Georgia,, Justice Brennan wrote, " There are, then, four principles by which we may determine whether a particular punishment is ' cruel and unusual '.

Justice Brennan also wrote that he expected no state would pass a law obviously violating any one of these principles, so court decisions regarding the Eighth Amendment would involve a " cumulative " analysis of the implication of each of the four principles.

Justice Arthur Goldberg ( joined by Chief Justice Earl Warren and Justice William Brennan ) expressed this view in a concurring opinion in the case of Griswold v. Connecticut ( 1965 ):

" In dissent, Justice William Brennan argued that the need to preserve military discipline should not protect the government from liability and punishment for serious violations of constitutional rights:

Indeed, as Justice Brennan observes, the United States played an instrumental role in the criminal prosecution of Nazi officials who experimented with human subjects during the Second World War, and the standards that the Nuremberg Military Tribunals developed to judge the behavior of the defendants stated that the ' voluntary consent of the human subject is absolutely essential ... to satisfy moral, ethical, and legal concepts.

On June 19, 1987 the Supreme Court, in a seven to two majority opinion written by Justice William J. Brennan, ruled that the Act constituted an unconstitutional infringement on the Establishment Clause of the First Amendment, based on the three-pronged Lemon test, which is:

The Supreme Court granted review, and in a sweeping and unanimous decision authored by Justice Brennan, the Supreme Court held not only that states do not have authority to tax Indians on Indian reservations, but that they also lack the authority to regulate Indian activities by Indians on Indian reservations.

Former Chief Justice Gerard Brennan stated that " so long as we retain the existing system our head of state is determined for us essentially by the parliament at Westminster.

Justice Brennan, author of the majority opinion in Craig v. Boren, provided a brief but notable dissent based solely on Section 2.

See San Diego Gas & Electric Co. v. City of San Diego, 450 U. S. 621, 638 n. 2 ( 1981 ) ( Justice Brennan dissenting ); United States v. Clarke, 445 U. S. 253, 257 ( 1980 ); Agins v. City of Tiburon, 447 U. S. 255, 258 n. 2 ( 1980 ).

Seventy years later, when the U. S. Supreme Court banned prayer from the public schools in 1963, the Edgerton Bible Case was one of the precedents cited by Justice William Brennan.

Famous participants include Supreme Court Justice William J. Brennan, Massachusetts Governor Deval Patrick, activist and first lady Michelle Obama, and professors Erwin Chemerinsky and Laurence Tribe.

Supreme Court Justice Byron White wrote the decision for the majority

Supreme Court Justice Byron White wrote the decision for the majority.

Lord Chief Justice Edward Coke, a 17th-century English jurist and Member of Parliament, wrote several legal texts that formed the basis for the modern common law, with lawyers in both England and America learning their law from his Institutes and Reports until the end of the 18th century.

For example, Justice Harlan in 1896 Plessy v. Ferguson landmark Supreme Court opinion, wrote, ' There is no caste here.

In a letter to an individual dated 23 March 1975, the Universal House of Justice wrote:

Dissenting opinions included Justice Stevens's, who wrote "... the voluntary character of the private choice to prefer a parochial education over an education in the public school system seems to me quite irrelevant to the question whether the government's choice to pay for religious indoctrination is constitutionally permissible.

He appointed a commission that set aside 3, 000, 000 acres ( 12, 000 km² ) of national parks and 2, 300, 000 acres of national forests ; advocated tax reduction for low-income Americans ( not enacted ); closed certain tax loopholes for the wealthy ; doubled the number of veterans ' hospital facilities ; negotiated a treaty on St. Lawrence Seaway ( which failed in the U. S. Senate ); wrote a Children's Charter that advocated protection of every child regardless of race or gender ; created an antitrust division in the Justice Department ; required air mail carriers to adopt stricter safety measures and improve service ; proposed federal loans for urban slum clearances ( not enacted ); organized the Federal Bureau of Prisons ; reorganized the Bureau of Indian Affairs ; instituted prison reform ; proposed a federal Department of Education ( not enacted ); advocated $ 50-per-month pensions for Americans over 65 ( not enacted ); chaired White House conferences on child health, protection, homebuilding and home-ownership ; began construction of the Boulder Dam ( later renamed Hoover Dam ); and signed the Norris – La Guardia Act that limited judicial intervention in labor disputes.

Brown., in which Justice Charles L. Woodbury wrote that " only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own ... as the wheat he cultivates, or the flocks he rears.

In 1793, William Godwin, who has often been cited as the first anarchist, wrote Political Justice, which some consider to be the first expression of anarchism.

Justice Anthony M. Kennedy wrote the opinion and was joined by Justices Scalia, Alito, and Thomas and by Chief Justice Roberts.

Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure — in the 2000 Dickerson decision, Chief Justice William Rehnquist wrote that Miranda warnings had " become embedded in routine police practice to the point where the warnings have become part of our national culture.

Chief Justice Marshall wrote the opinion of the court.

Justice Breyer, who dissented, wrote in his most recent book that if he could change three of his dissenting opinions ( while on the Supreme Court ) into a majority, this would be one of them.

Ira Glaser, former head of the ACLU, wrote that " The Justice Department inspector general's report implies more than the violation of the civil liberties of 762 non-citizens.

In particular, Supreme Court Justice Hugo Black wrote in a dissent that " t is high time, in my judgment, to wipe out root and branch the judge-invented and judge-maintained notion that judges can try criminal contempt cases without a jury.

However, Chief Justice Charles Evans Hughes wrote, " the Constitution does not appear to authorize two or more Supreme Courts functioning in effect as separate courts.

Justice Abe Fortas wrote, However, since 1969 the Supreme Court has placed a number of limitations on Tinker interpretations.

In affirming the lower courts decision to dismiss, Justice Abrams wrote: " Although Korb has a secured right to speak out on matters of public concern, and he has a right to express views with which Raytheon disagrees, he has no right to do so at Raytheon's expense.

Justice Samuel Nelson wrote the opinion of the Supreme Court in The Justices v. Murray, 76 U. S. 9 Wall.

Justice Scalia ( joined by Chief Justice Roberts ) wrote in dissent that " the proposed Eighth Amendment would have been laughed to scorn if it had read ' no criminal penalty shall be imposed which the Supreme Court deems unacceptable.

" However, Justice William O. Douglas rejected that view ; Douglas wrote that, " The Ninth Amendment obviously does not create federally enforceable rights.

Mr. Justice Clark delivered the opinion of the Court.

However, in drafting opinions, the Chief Justice enjoys additional influence in case disposition if in the majority through his power to assign who writes the opinion.

Group litigation survived in the United States only thanks to the influence of Supreme Court Associate Justice Joseph Story, who imported it in a rather mangled form into U. S. law through summary discussions in his two equity treatises as well as his famous opinion in West v. Randall ( 1820 ).

" and Justice Souter's, whose opinion questioned how the Court could keep Everson v. Board of Education on as precedent and decide this case in the way they did, feeling it was contradictory.

The mandatory nature of such resolutions was upheld by the International Court of Justice ( ICJ ) in its advisory opinion on Namibia.

By 1997, the phrase had entered the legal lexicon as seen in an opinion by Supreme Court of the United States Justice John Paul Stevens, ' An example of " junk science " that should be excluded under the Daubert standard as too unreliable would be the testimony of a phrenologist who would purport to prove a defendant ’ s future dangerousness based on the contours of the defendant ’ s skull.

The idea that courts could nullify statutes originated in England with Chief Justice Edward Coke's 1610 opinion in Dr. Bonham ’ s Case, 8 Co. Rep. 107a.

* The Supreme Court of the Philippines, through a unanimous opinion penned in 2005 by Associate Justice Leonardo Quisumbing, quoted The Moving Finger when it ruled that the widow of defeated presidential candidate Fernando Poe Jr. could not substitute her late husband in his pending election protest against Philippine president Gloria Macapagal Arroyo, thus leading to the dismissal of the protest.

On 22 July 2010, the International Court of Justice gave the following advisory opinion: " The declaration of independence of Kosovo adopted on 17 February 2008 did not violate international law.

In Lovell v. City of Griffin,, Chief Justice Hughes defined the press as, " every sort of publication which affords a vehicle of information and opinion.

" Justice Waite's opinion for the Court carefully distinguished the right to peaceably assemble as a secondary right, while the right to petition was labeled to be a primary right.

This happened in the majority opinion by Justice William O. Douglas in Griswold v. Connecticut, 381 U. S. 479, 484 ( 1965 ) which cited the amendment as implying a belief that an individual's home should be free from agents of the state.

In Youngstown Sheet & Tube Co. v. Sawyer 343 U. S. 579, 644 ( 1952 ), Justice Robert H. Jackson's concurring opinion cites the Third Amendment as providing evidence of the Framers ' intent to constrain executive power even during wartime: " hat military powers of the Commander in Chief were not to supersede representative government of internal affairs seems obvious from the Constitution and from elementary American history.

In his opinion Nelson quoted Justice Joseph Story to explain the modes to reexamine facts tried by juries according to Common Law: “ Mr. Justice Story referring to this part of the amendment, observed that it was ' a prohibition to the courts of the United States to re-examine any facts tried by a jury in any other manner according to Common Law.

Justice Potter Stewart's opinion for the Robinson Court held that " infliction of cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.

Likewise, Justice Antonin Scalia has expressed the same view, in the dissenting opinion of Troxel v. Granville 530 U. S. 57 ( 2000 ):