When those trained in the respective disciplines of medicine, philosophy and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer.
Judges have no actual power of enforcement. They don't have troops to carry out orders. They have no power of the purse. Yet our system of laws depends on lowly citizens and presidents abiding by court rulings.
Judges cannot mandate Black or Hispanic excellence.
Rulers do not like to admit that their power is restricted by any laws other than those of physics and biology. They never ascribe their failures and frustrations to the violation of economic law.
No matter how badly senators want to know things, judicial nominees are limited in what they may discuss. That limitation is real, and it comes from the very nature of what judges do.
We must remember that we have to make judges out of men, and that by being made judges their prejudices are not diminished and their intelligence is not increased.
The judicial cannot prescribe to the legislative departments of the government limitations upon exercise of its acknowledged powers. The power to tax may be exercised oppressively on persons, but the responsibility … not to the courts, but to the people by whom its members are elected.
I respect, too, the fact that in our legal order it is for Congress and not the courts to write new laws. It is the role of judges to apply, not alter, the work of the people's representatives.
I remain mindful that the role of a judge is a limited one and that judges can't solve every problem. But at the same time, judges play a crucial role in safeguarding liberty and protecting the rights of all citizens.
. . . [The Judicial Branch] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
The little finger of prerogative is heavier than the loins of the law
The King’s statement was actually given by his chief aide, the Earl of Stafford.
We want to determine whether he understands the inherent limits that make an unelected Judiciary inferior to Congress or the President in making policy judgments. That, for example, a judge will never be in the best position to know what is in the national security interests of our country.
A judge is not a god or a king. He has the last word most of the time, but sometimes, one makes mistakes.
While I sat in family court, I probably heard 20 or 25,000 cases. And I am sure, during the course of those cases, there were cases that I probably would've decided differently had I had either more time or been able to explore more. But all you can do as a judge is really give a case your best effort.