American - Judge | September 17, 1939 -
In a perfect world, I would never give another speech, address, talk, lecture or whatever as long as I live.
David Souter
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I find the workload of what I do sufficiently great that when the term of court starts, I undergo a sort of annual intellectual lobotomy.
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The obligation of any judge is to decide the case before the court, and the nature of the issue presented will largely determine the appropriate scope of the principle on which its decision should rest.
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Congress has the power to legislate with regard to activity that, in the aggregate, has a substantial effect on interstate commerce.
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Millions of statements are made about the president every day on every subject and from every standpoint; threats of violence are not an integral feature of any one subject or viewpoint as distinct from others. Differential treatment of threats against the president, then, selects nothing but special risks, not special messages.
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We hold that an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim.
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The applicability of the Establishment Clause to public funding of benefits to religious schools was settled in Everson v. Board of Ed. of Ewing, which inaugurated the modern era of establishment doctrine.
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Legislatures not driven to desperation by the problems of public education may be able to see the threat in vouchers negotiable in sectarian schools.
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When Congress exercises the powers delegated to it by the Constitution, it may impose affirmative obligations on executive and judicial officers of state and local governments as well as ordinary citizens.
ConstitutionCongressMayWell
The Brady Act was passed in response to what Congress described as an 'epidemic of gun violence.'
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There can be no stronger claim to a physician's assistance than at the time when death is imminent, a moral judgment implied by the state's own recognition of the legitimacy of medical procedures necessarily hastening the moment of impending death.
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Every defendant knows, if endowed with the mental competence for criminal responsibility, that the life he will take by his homicidal behavior is that of a unique person, like himself, and that the person to be killed probably has close associates, 'survivors,' who will suffer harms and deprivations from the victim's death.
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