Roosevelt appointed three Justices to the Supreme Court of the United States: Oliver Wendell Holmes, Jr. ( 1902 ), William Rufus Day ( 1903 ), William Henry Moody ( 1906 ).

Justices Joseph McKenna and Oliver W. Holmes, Jr. filed separate dissents.

Justices Holmes and Brandeis shied from this test, but concurred with the final result.

It resolved the debate between those who urged greater government control of speech for reasons of security and those who favored allowing as much speech as possible and relying on the marketplace of ideas to reach a favorable result, leaving the law in a state along the lines of that which Justices Louis Brandeis, and, post-Schenck, Oliver Wendell Holmes advocated in several dissents and concurrences during the late 1910s and early 1920s.

Despise the fears of progressives, Stone quickly joined the Court's " liberal faction ," frequently dissenting with Justices Holmes and Brandeis and later, Cardozo when he took Holmes ' seat, from the majority's narrow view of the police powers of the state.

Justices Oliver Wendell Holmes and George Sutherland dissented.

Justices Oliver Wendell Holmes and Louis Brandeis dissented and said that the more speech protective standard – " clear and present danger " – ought to be applied to overturn the conviction.

Associate Justice of the Supreme Court of the United States | Associate Justice Oliver Wendell Holmes, Jr. Holmes's loss of half his pension pay due to New Deal legislation after his 1932 retirement is believed to have dissuaded Justices Van Devanter and Sutherland from departing the bench.

* Murphy, Bruce Allen, The Brandeis / Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices, ( New York: Oxford University Press, 1982 ).

During the 1932 – 1937 Supreme Court terms, Stone and his colleagues Justices Brandeis and Cardozo were considered the Three Musketeers of the Supreme Court, its liberal faction.

On the Court, Roberts was a swing vote between those, led by Justices Louis Brandeis, Benjamin Cardozo, and Harlan Fiske Stone, as well as Chief Justice Charles Evans Hughes, who would allow a broader interpretation of the Commerce Clause to allow Congress to pass New Deal legislation that would provide for a more active federal role in the national economy, and the Four Horsemen ( Justices James Clark McReynolds, Pierce Butler, George Sutherland, and Willis Van Devanter ) who favored a narrower interpretation of the Commerce Clause and believed that the Fourteenth Amendment Due Process Clause protected a strong " liberty of contract.

Several commissioners later became Justices of the Supreme Court of the United States: Louis Brandeis, Wiley Blount Rutledge, and William H. Rehnquist.

Front row: Justices Louis Brandeis | Brandeis and Willis Van Devanter | Van Devanter, Chief Justice of the United States | Chief Justice Charles Evans Hughes | Hughes, and Justices James Clark McReynolds | McReynolds and George Sutherland | Sutherland.

It is widely rumored that Friendly graduated with the highest grade point average ever attained ( before or since ) at Harvard Law School, but confirmation of this claim is difficult to find, and the claim is sometimes also made for U. S. Supreme Court Justices Louis Brandeis and Felix Frankfurter.

* The Three Musketeers ( Supreme Court ), the nickname of Justices Louis Brandeis, Benjamin Cardozo and Harlan Fiske Stone during the 1930s

They were Justices Louis Brandeis, Benjamin N. Cardozo, and Harlan Fiske Stone.

Roberts joined Chief Justice Hughes, and Justices Louis Brandeis, Benjamin N. Cardozo, and Harlan Fiske Stone in upholding a Washington State minimum wage law.

Opposed to them were the liberal Justices Louis Brandeis, Benjamin Cardozo and Harlan Fiske Stone, dubbed " The Three Musketeers ".

In Barnette however, only Frankfurter filed a written dissent, while Justices Owen Roberts and Stanley Reed dissented in silence.

Justices Brennan, Marshall, Blackmun, and White, however, disagreed with a rigid and literal interpretation of Title VI.

Justice Souter, however, joined by Justices Stevens, Ginsburg, and Breyer, argued that enacting VAWA was well within congressional power under the Commerce Clause, and stated that the majority was reviving an old and discredited interpretation of the Commerce Clause.

The retirement of Justices of Appeal may be waived, however, for a term of years or for the duration of one or more sessions of the court concerned.

They are eligible, however, for appointment as Justices of Appeal ( including to the Presidency of the Court of Appeal ), as judges of the Supreme Court, or to the office of Chief Justice.

Justices of the court serve six year terms upon election, however vacancies are filled by appointments of the Governor of Oregon until the next general election when any qualified candidate may run for the position, including the appointee.

The House of Lords, however, lost its judicial functions upon the establishment of the Supreme Court of the United Kingdom in October 2009 ; those in office became Justices of the Supreme Court of the United Kingdom and lost their right to speak and vote in the House of Lords until their retirement as Justices of the new court.

He did not, however, go as far as Justices Hugo Black and William O. Douglas, who suggested that all libel laws were unconstitutional.

Dissenting, however, Justice Harold Burton ( joined by Justices William O. Douglas, Frank Murphy, and Wiley Rutledge ) argued,

Justices Scalia and Thomas dissented, with Thomas writing that the beating did not cause sufficient harm to meet the constitutional standard ; however, he left open the option of a criminal charge or a tort claim, stating:

The majority of the Justices would have either expanded or contracted the Sony Betamax doctrine, however the Court as a whole has not chosen to reexamine the Betamax precedent in the decision, being split into three equal groups.

The lesser state seal, however, is depicted on the Justices ' chairs and on a medallion over the entrance to the main courtroom.

The Supreme Court, however, unanimously ruled against him in Hirabayashi v. United States ( 1943 ), albeit with three Justices filing separate opinions that concurred with the Court's decision only with certain reservations.

Justices Frankfurter and Jackson dissented: `` One State may cherish formalities more than another, one State may be more responsive than another to procedural reforms.

Justices Stevens, Ginsburg, Sotomayor, and Breyer dissented.

Justices Scalia, O ' Connor and Thomas dissented, stating that " he decision today -- to grant, vacate, and remand in light of the Government's changed position -- is both unprecedented and inexplicable.

Four justices ( Justices Stevens, Ginsburg, Souter and Breyer ) dissented as to stopping the recount.

In a 4 to 1 decision, the Court ruled in favor of the plaintiff, with Chief Justice John Jay and Associate Justices John Blair, James Wilson, and William Cushing constituting the majority ; only Justice Iredell dissented.

Justices John Marshall Harlan, Howell Edmunds Jackson, Edward Douglass White, and Henry Billings Brown dissented from the majority opinion.

William Rehnquist, Byron White, Harry Blackmun, John Paul Stevens, Antonin Scalia, and Clarence Thomas — the six Justices who did not join the plurality opinion — wrote or joined opinions in which they partially concurred and partially dissented from the decision.

Chief Justice Rehnquist, joined by Justices Kennedy, Scalia, and Thomas, dissented, arguing that the University's " plus " system was, in fact, a thinly veiled and unconstitutional quota system.

Chief Justice Rehnquist and Justices Scalia, Kennedy, and Thomas dissented.

" Justice Blackmun, joined by Justices Brennan, Marshall, and Stevens, dissented, citing that " his case is no more about a fundamental right to engage in homosexual sodomy ," as the Court purports to declare, ante at 191, that Stanley v. Georgia, 394 U. S. 557 ( 1969 ), was about a fundamental right to watch obscene movies, or Katz v. United States, 389 U. S. 347 ( 1967 ), was about a fundamental right to place interstate bets from a telephone booth.

Justice Stevens, with whom Justices Brennan and Marshall joined in dissent, dissented further from the majority opinion: " the Court orders the dismissal of respondent's complaint even though the State's statute prohibits all sodomy ; even though that prohibition is concededly unconstitutional with respect to heterosexuals ; and even though the State's post hoc explanations for selective application are belied by the State's own actions.

Two Justices concurred in part and dissented in part to the decision.

Chief Justice Burger and Justices Harry Blackmun, Lewis F. Powell, and William H. Rehnquist, each appointed by President Richard Nixon, dissented.

Ironically, and despite that era's Republican commitment to Reconstruction and black civil rights, all five Justices in the majority were appointed by Republicans ( three by Lincoln, two by Grant ), while the lone Democratic appointee Nathan Clifford dissented.

Associate Justice Miller wrote for the Court with Associate Justices Field, Harlan, Woods, Matthews, and Blatchford concurring ; Associate Justices Bradley and Gray, along with Chief Justice Waite, dissented.

Justices Hugo Black and John M. Harlan II dissented.

The remaining four Justices dissented, all rejecting the " irrelevance " approach as articulated by La Forest and the " incremental " doctrine suggested by Sopinka.

Justices Hugo Black and William O. Douglas, First Amendment " literalists ," dissented in Roth, arguing vigorously that the First Amendment protected obscene material.

* Justice Stevens, joined by Justices Ginsburg, and Breyer, dissented on one section of the part of the Court's opinion written by the Chief Justice.

In the Slaughterhouse Cases, 83 U. S. 36 ( 1873 ) -- a pivotal decision on the meaning of Section 1 of the relatively new Fourteenth Amendment to the Constitution -- Swayne dissented with Justices Stephen J.