Felix Frankfurter Quotes
It has not been unknown that judges persist in error to avoid giving the appearance of weakness and vacillation.
Felix Frankfurter, 1882-1965, U. S. Supreme Court Justice, Craig v. Harney, 331 U.S. 367, 392, 1947
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He served on a Supreme Court that was as close to political as any had ever been. Hence his great concern.
White was not confirmed.
The judiciary in the American system must give deference to the executive and legislative branches and interfere only when there is a violation of the Constitution. Many of the laws may well be viewed as bad policy by the judge, or in some case, may be unjust. The judge however cannot interfere just because he is dealing with bad or unjust laws. So Judge Scalia points out that the judge functioning properly in the American system will find that he personally does not like the consequences of his own opinions.
Judges are restrained by the law and precedence (stare decisis), as well as having to uphold what he/she thinks are undesirable laws or find against laws he thinks are good. He must decide on the law and the facts of the particular case. And if he is an appellate or a Supreme Court judge he must make compromises to accommodate other justices hearing the case along with him/her.
Felix Frankfurter was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States. Frankfurter served on the Supreme Court from 1939 to 1962 and was a noted advocate of judicial restraint in the judgments of the Court.