Judicial Caution Quotes

The Court has long held that the Constitution protects certain fundamental rights that are not explicitly enumerated in the Constitution's text, while at the same time emphasizing that courts must proceed with great caution in recognizing such rights.

It is better to risk sparing a guilty person than to condemn an innocent one.

"I beseech ye in the bowels of Christ, think that ye may be mistaken." I should like to have that written over the portals of every church, every school, and every courthouse, and, may I say, of every legislative body in the United States. I should like to have every court begin, "I beseech ye in the bowels of Christ, think that we may be mistaken."

Most of us tend to be swayed by what we read. Judges are not superhuman. They, too, are mortals. This is why they have to be exceptionally careful in rendering decisions, which cause unintended consequences.

Justice [Sandra Day] O'Connor also brought balance to our highest court; most recently, as been repeated many times, when she cautioned about how war doesn't give a blank check.

For the first half of this century, High Court judges have been cautious to the point of timidity in expressing any criticism of governmental action; the independence of the judiciary has been of a decidedly subordinate character.

As to the long time spent on lawsuits, that is due to concern for justice, that judges may not fail in passing correct judgments, by having to give sentence offhand; it is better that they should reflect, and conclude the case more tardily, than that by judging in a hurry they should both injure man and transgress against the Deity, the institutor of justice....

Judges must beware of hard constructions and strained inferences, for there is no worse torture than the torture of laws.

The court generally moves in small steps rather than in one giant step.

A good Judge conceives quickly, judges slowly.

Thou knowest how numerous this tribe is, how united and how powerful in the assemblies. I will plead in a low voice so that only the judges may hear, for instigators are not lacking to stir up the crowd against me, and against all the best citizens. To scorn, in the interest of the Republic, this multitude of Jews so often turbulent in the assemblies shows a singular strength of mind. The money is in the Treasury; they do not accuse us of theft; they seek to stir up hatreds.