On March 5, 1868, the impeachment trial began in the Senate and lasted almost three months ; Reps. George S. Boutwell, Ben Butler and Thaddeus Stevens acted as managers ( prosecutors ) for the House and William M. Evarts, Benjamin R. Curtis and Attorney General Henry Stanberry served as Johnson's counsel ; Chief Justice Chase served as presiding judge.

Because Justice John Paul Stevens had recused himself, only eight Justices heard the case, and it ended in a 4 – 4 tie.

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.

Elena Kagan, who had presented the government's case as Solicitor General of the U. S. and who was nominated to succeed Justice Stevens, supported Kennedy's ruling in her arguments that pointed out that the ruling spelled out for prosecutors and defendants just how the right against self-incrimination applies in such cases.

Justices John Paul Stevens and Sandra Day O ' Connor wrote the majority opinion ; they were joined by David Souter, Ruth Bader Ginsburg, and Stephen Breyer, and opposed by Chief Justice William Rehnquist, Anthony Kennedy, Clarence Thomas, and Antonin Scalia.

Justice Stevens, J. wrote, in partial dissent:

Justice Stevens also wrote: " The Court ’ s ruling threatens to undermine the integrity of elected institutions across the Nation.

In a separate dissenting opinion, Justice Stevens also challenged the virtue of an individual reward, analyzing it from the perspective of patent law.

Dissenting in the Williams case, Justice John Paul Stevens found that the " nuance eludes me ," suggesting that the majority had resolved the case on a distinction that makes no difference.

Justice Stevens ' dissent ( joined by Justices Breyer and Ginsburg ) concluded as follows: The per curiam opinion in Bush v. Gore did not technically dismiss the case, and instead " remanded for further proceedings not inconsistent with this opinion.

The dissent of Justice Stevens was criticized by George Mason University School of Law Professor Nelson Lund.

The case went all the way to the U. S. Supreme Court which split 4 to 4 ( Justice Stevens recused himself ).

Justice Anthony Kennedy wrote the majority opinion, and was joined by John Paul Stevens, Sandra Day O ' Connor, David Souter, Ruth Bader Ginsburg, and Stephen Breyer.

Justice John Paul Stevens

* John Paul Stevens ( born 1920 ), U. S. Supreme Court Associate Justice ( 1975 – 2010 )

Justice Powell wrote the opinion for the Court, which was joined by Chief Justice Burger, Justice Rehnquist, Justice Stewart, and Justice Stevens, ordering UC Davis Medical School to admit Allan Bakke.

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.

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.

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 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.

The Lincoln Mills decision authorizes a whole new body of federal `` common law '' which, as Mr. Justice Frankfurter pointed out in dissent, leads to one of the following `` incongruities '': `` ( ( 1 ) conflict in federal and state court interpretations of collective bargaining agreements ; ;

Finally, Hughes joined Justice Day's dissent in

While the U. S. Supreme Court majority in 1896 Plessy explicitly upheld only " separate but equal " facilities ( specifically, transportation facilities ), Justice John Marshall Harlan in his dissent protested that the decision was an expression of white supremacy ; he predicted that segregation would " stimulate aggressions … upon the admitted rights of colored citizens ," " arouse race hate " and " perpetuate a feeling of distrust between races.

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.

In the landmark decision Nixon v. General Services Administration former Chief Justice of the United States William Rehnquist declared in his dissent the need to " fully describe the preeminent position that the President of the United States occupies with respect to our Republic.

Writing for a four-Justice dissent in Alden, Justice David Souter said the states surrendered their sovereign immunity when they ratified the Constitution.

In his dissent, Justice Marshall explained the history of the Section 2 in relation to the Post-Civil War Reconstruction era:

Granting free men of color the right to vote could be seen as giving them the rights of citizens, an argument explicitly made by Justice Curtis's dissent in Dred Scott v. Sandford:

In his dissent to the Pollock decision, Justice John Marshall Harlan stated:

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:

Justice Sandra Day O ' Connor, writing a separate dissent, stated:

" Justice Jackson had initially planned to join a dissent in Brown.

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.

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

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.

The decision was 7 – 2, and every Justice besides Taney wrote a separate concurrence or dissent.

The decision was handed down by a vote of 7 to 1 with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan.