The seven to two judgment in Roe v. Wade declared "violative of the Due Process Clause of the Fourteenth Amendment” a Texas criminal abortion statute that intolerably shackled a woman's autonomy; the Texas law "except[ed] from criminality only a life-saving procedure on behalf of the [pregnant woman].” Suppose the Court had stopped there, rightly declaring unconstitutional the most extreme brand of law in the nation, and had not gone on, as the Court did in Roe, to fashion a regime blanketing the subject, a set of rules that displaced virtually every state law then in force. Would there have been the twenty-year controversy we have witnessed, reflected most recently in the Supreme Court's splintered decision in Planned Parenthood v. Casey? A less encompassing Roe, one that merely struck down the extreme Texas law and went no further on that day, I believe and will summarize why, might have served to reduce rather than to fuel controversy.
Ruth Bader GinsburgRelated topics
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What struck me most in this conversation was a radical passion for truthfulness in everything (which I came to know as a characteristic vogue among the young Viennese intellectuals of the generation immediately preceding mine only in the following university years). This truthfulness became almost a fashion in that border group between the purely Jewish and the purely Gentile parts of the intelligentsia in which I came so much to move. It meant much more than truth in speech. One had to "live" truth and not tolerate any pretence in oneself or others. It sometimes produced outright rudeness and, certainly, unpleasantness. Every convention was dissected and every conventional form exposed as fraud. Wittgenstein merely carried this further in applying it to himself. I sometimes felt that he took a perverse pleasure in discovering falsehood in his own feelings and that he was constantly trying to purge himself of all fraud.
Friedrich Hayek
Our amendment earmarks $10 million out of the account called Army Research, Development, Test and Evaluation. The money would go to a research program administered by the Army Medical Research and Materiel Command in the DoD, for identifying the biological mechanisms behind the illnesses - particularly the neurological and immunological ones; the chronic disease effects; better diagnostic criteria for the illnesses; and identification of treatments. The MRMC will design a research plan for that purpose, relying heavily on the expertise outside DoD and the VA. It will be subject to peer review by experts, a significant number of which will be independent of DoD.$10 million will have a large impact on veterans who rely on the government to take care of them after they have taken care of us.I urge my colleagues to support the Kucinich-Shays-Sanders amendment. Vote 'yes' to restore research funding for Gulf War Illnesses.
Dennis Kucinich
[T]he effect of the religious freedom Amendment to our Constitution was to take every form of propagation of religion out of the realm of things which could directly or indirectly be made public business, and thereby be supported in whole or in part at taxpayers' expense. That is a difference which the Constitution sets up between religion and almost every other subject matter of legislation, a difference which goes to the very root of religious freedom[...] This freedom was first in the Bill of Rights because it was first in the forefathers' minds; it was set forth in absolute terms, and its strength is its rigidity. It was intended not only to keep the states' hands out of religion, but to keep religion's hands off the state, and, above all, to keep bitter religious controversy out of public life by denying to every denomination any advantage from getting control of public policy or the public purse.
Robert H. Jackson
[My] approach recognizes the basic principle of a written Constitution. We "the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution. Aside from amendment according to Article V, the Constitution's meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President. Of course, even when strictly interpreted as I believe it should be, the Constitution remains a modern, "breathing" document as some like to call it, in the sense that the Court is constantly required to interpret how its provisions apply to the Constitutional questions of modern life. Nevertheless, strict interpretation must never surrender to the understandably attractive impulse towards creative but unwarranted alterations of first principles.
Clarence Thomas
It may be observed of mathematicians that they only meddle with such things as are certain, passing by those that are doubtful and unknown. They profess not to know all things, neither do they affect to speak of all things. What they know to be true, and can make good by invincible arguments, that they publish and insert among their theorems. Of other things they are silent and pass no judgment at all, choosing rather to acknowledge their ignorance, than affirm anything rashly. They affirm nothing among their arguments or assertions which is not most manifestly known and examined with utmost rigour, rejecting all probable conjectures and little witticisms. They submit nothing to authority, indulge no affection, detest subterfuges of words, and declare their sentiments, as in a court of justice, without passion, without apology; knowing that their reasons, as Seneca testifies of them, are not brought to persuade, but to compel.
Isaac Barrow