Judges should be in the business of declaring what the law is using the traditional tools of interpretation, rather than pronouncing the law as they might wish it to be in light of their own political views.
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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 peoples representatives.
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Ours is the job of interpreting the Constitution. And that document isnt some inkblot on which litigants may project their hopes and dreams.
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Justice Scalia was a lion of the law. Agree or disagree with him, all of his colleagues on the bench shared his wisdom and his humor. And like them, I miss him.
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In the balance of my professional life, Ive had the privilege of the working as a practicing lawyer and teacher.
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Practicing in the trial work trenches of the law, I saw, too, that when we judges don our robes, it doesnt make us any smarter, but it does serve as a reminder of whats expected of us: Impartiality and independence, collegiality and courage.
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When Justice White retired, he gave me the chance to work for Justice Kennedy, as well. Justice Kennedy was incredibly welcoming and gracious, and like Justice White, he taught me so much. I am forever grateful. And if youve ever met Judge David Sentelle, youll know just how lucky I was to land a clerkship with him right out of school.
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We have all witnessed, as well, family, friends, or medical workers who have chosen to provide years of loving care to persons who may suffer from Alzheimers or other debilitating illnesses precisely because they are human persons, not because doing so instrumentally advances some other hidden objective.
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We seek to protect and preserve life for lifes own sake in everything from our most fundamental laws of homicide to our road traffic regulations to our largest governmental programs for health and social security.
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American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box, as the primary means of effecting their social agenda on everything from gay marriage to assisted suicide to the use of vouchers for private-school education.
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I began my legal career working for Byron White, the last Coloradan to serve on the Supreme Court, and the only justice to lead the N.F.L. in rushing. He was one of the smartest and most courageous men Ive ever known.
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