For this reason, Justice Black and Justice Douglas indicated their disapproval of special interrogatories even in civil cases.

Because it allows for community standards and demands " serious " value, Justice Douglas worried in his dissent that this test would make it easier to suppress speech and expression.

As a result, they apply the Lemon Test only selectively, holding Justice Douglas ' statement in Zorach v. Clauson, " e are a religious people whose institutions presuppose a Supreme Being ".

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.

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

Political leaders and reformers like Mahatma Gandhi, President John F. Kennedy, civil rights activist Martin Luther King, Jr., Supreme Court Justice William O. Douglas, and Russian author Leo Tolstoy all spoke of being strongly affected by Thoreau's work, particularly Civil Disobedience, as did " right-wing theorist Frank Chodorov devoted an entire issue of his monthly, Analysis, to an appreciation of Thoreau.

Justice Douglas, dissenting in Wheeling Steel Corp. v. Glander ( 337 U. S. 562, 1949 ), gave an opinion similar to, but shorter than, the one quoted above, to which Justice Black concurred.

Yet both Justice Black and Justice Douglas dissented from the Supreme Court's 1957 decision in United States v. United Auto Workers, 352 U. S. 567 ( 1957 ), in which the Court, on procedural grounds, overruled a lower court decision striking down the prohibition on corporate and union political expenditures:

It was this group that obtained the help of Supreme Court Justice William O. Douglas by participating in a Dam Protest Hike which drew local and national attention to the situation.

Justice Douglas threatened to write a dissent from the reargument order ( he and the other liberal Justices were suspicious that Rehnquist and Powell would vote to uphold the statute ), but was coaxed out of the action by his colleagues, and his dissent was merely mentioned in the reargument order without further statement or opinion.

United States Supreme Court Associate Justice William O. Douglas was one famous summer visitor to Wallowa County, building a vacation cabin on Lostine River Road in 1939.

One view of the statutory purpose, urged for example by Justice Douglas, was that the goal was not only to protect consumers, but at least as importantly to prohibit the use of power to control the marketplace.

" Dissenting opinion of Justice Douglas in United States v. Columbia Steel Co.

Maine Township is best known as being the birthplace of Supreme Court Justice William O. Douglas.

In Village of Belle Terre v. Boraas, the United States Supreme Court, in an opinion written by Justice William O. Douglas, held that it was constitutional to forbid more than two people unrelated by blood, adoption, or marriage — not counting household servants — from living and cooking together as a single housekeeping unit in the village for the purpose of maintaining a quiet residential sector, a legitimate state interest.

* William O. Douglas ( 1898 – 1980 ), American Associate Justice of the Supreme Court

* Charles Douglas III ( born 1942 ), U. S. Representative from New Hampshire and New Hampshire Supreme Court Associate Justice

Justice Douglas ' dissenting opinion held that:

Announced on December 14, 1964, the opinion of the court was delivered by Justice Tom C. Clark, with concurring opinions by Justice Arthur Goldberg, Justice Hugo Black, and Justice William O. Douglas.

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.

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 ):

The district court's decision was based upon the 9th Amendment, and the court relied upon a concurring opinion by Justice Arthur Goldberg in the 1965 Supreme Court case of Griswold v. Connecticut, finding in the decision for a right to privacy.

On remand, the Florida Supreme Court issued an opinion on December 22, 2000 that did not dispute whether December 12 was the deadline for recounts under state law, although this was disputed in a concurring opinion by Florida Supreme Court Justice Leander Shaw.

Chief Justice Rehnquist's concurring opinion, joined by Justices Scalia and Thomas, began by emphasizing that this was an unusual case in which the Constitution requires federal courts to assess whether a state supreme court has properly interpreted the will of the state legislature.

Chief Justice Burger, Justice Rehnquist, Justice Stewart, and Justice Stevens, while concurring in result, would have not relied on the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, but instead, Title VI of the Civil Rights Act.

Justice Arthur Goldberg wrote a concurring opinion in which he used the Ninth Amendment to defend the Supreme Court's ruling.

Justice John Marshall Harlan II wrote a concurring opinion in which he argued that privacy is protected by the due process clause of the Fourteenth Amendment.

" Justice O ' Connor, who wrote a concurring opinion, framed it as an issue of rational basis review.

In his concurring opinion in Jacobellis, Justice Potter Stewart, holding that Roth protected all obscenity except " hard-core pornography ," famously wrote, " I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ; and perhaps I could never succeed in intelligibly doing so.

Justice Byron White wrote an opinion concurring in the judgment, which Justice Harry Blackmun and Justice Sandra Day O ' Connor joined in full, and Justice John Paul Stevens joined in part.

Justice Blackmun wrote an opinion concurring in the judgment.

Justice Stevens wrote an opinion concurring in the judgment, which was joined in part by Justice White and Justice Blackmun. Antonin Scalia | Justice Scalia, who wrote the majority opinion in R. A. V.

Each of the Justices of the Supreme Court has a single vote in deciding the cases argued before it ; the Chief Justice's vote counts no more than that of any other Justice.

Also, it has been argued that Justice Marshall should have recused himself on the grounds that he was still acting Secretary of State at the time the commissions were to be delivered and it was his brother, James Marshall, who was charged with delivering a number of the commissions.

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 Breyer argued in his dissent that it is highly unlikely any artist will be more inclined to produce work knowing their great-grandchildren will receive royalties.

" 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:

Kelly argued in his book, Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law, Bentham had a theory of justice that prevented such consequences.

In a lengthy dissent, Justice Thomas argued that the plain meaning of Section 2 removed " any doubt regarding its broad scope, the Amendment simplified the language of the Webb-Kenyon Act and made it clear that States could regulate importation destined for in-state delivery free of negative Commerce Clause restraints.

" In his historical account, Justice Thomas argued the early precedent provided by State Board of Equalization v. Young's Market Co. was indeed correct, and furthered the original intent of the Twenty-first Amendment to provide a constitutional guarantee authorizing state regulation that might conflict with the Dormant Commerce Clause ( similar to the Webb – Kenyon Act ).

Because of its strategic value, the case of the nitrogen factory Oberschlesische Stickstoffwerke was argued for years before the Permanent Court of International Justice, finally setting some new legal precedences on what is " just " in international relations.

The Justice Ministry, still staffed by lawyers concerned to uphold the letter of the law, argued correctly that since Grynszpan was not a German citizen, he could not be tried in Germany for a murder he had committed outside Germany, and since he had been a minor at the time he could not face the death penalty.

Long successfully argued the case on appeal before the U. S. Supreme Court ( Cumberland Tel & Tel Co. v. Louisiana Public Service Commission, 260 U. S. 212 ( 1922 ), prompting Chief Justice William Howard Taft to describe Long as one of the best legal minds he had ever encountered.

Writing for the Court majority in Wesberry, Justice Black argued that a reading of the debates of the Constitutional Convention demonstrated conclusively that the Framers had meant, in using the phrase “ by the People ,” to guarantee equality of representation in the election of Members of the House of Representatives.

Writing in dissent, Justice Harlan argued that the statements cited by Justice Black had uniformly been in the context of the Great Compromise.

Justice Harlan further argued that the Convention debates were clear to the effect that Article I, § 4, had vested exclusive control over state districting practices in Congress and that the Court action overrode a congressional decision not to require equally-populated districts.

In a separate concurrence in part, dissent in part, Justice Tom C. Clark argued that the Warren Court went " too far too fast ".

In dissent, Justice Antonin Scalia argued that the Miranda warnings were not constitutionally required, citing a panoply of cases that demonstrated a majority of the then-current court, counting himself, Chief Justice Rehnquist, and Justices Kennedy, O ' Connor, and Thomas, " on record as believing that a violation of Miranda is not a violation of the Constitution.

" Later, Ron Kuby argued Ferguson had been a frequent target of harassment at the Nassau County Jail, and requested the United States Department of Justice intervene to ensure Ferguson's safety.

Justice White argued:

Since the plurality overruled some portions of Roe v. Wade despite its emphasis on stare decisis, Chief Justice Rehnquist in dissent argued that this section was entirely obiter dicta.

Justice Black argued that the right to privacy is to be found nowhere in the Constitution.

Justice Stewart called the Connecticut statute " an uncommonly silly law " but argued that it was nevertheless constitutional.

Current U. S. Supreme Court Justice Samuel Alito served as an assistant to Solicitor General Lee from 1981 to 1985, where Alito argued 12 cases before the U. S. Supreme Court.