David Souter

The Constitution is a pantheon of values, and a lot of hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another.

For those whose exclusive norm of constitutional judging is merely fair reading of language applied to facts objectively viewed, 'Brown' must either be flat-out wrong or a very mystifying decision.

The language of the Constitution's guarantee of equal protection of the laws did not change between 1896 and 1954, and it would be very hard to say that the obvious facts on which 'Plessy' was based had changed.

There is a danger to judicial independence when people have no understanding of how the judiciary fits into the constitutional scheme.

The Constitution is no simple contract, not because it uses a certain amount of open-ended language, but because its language grants and guarantees many good things, and good things that compete with each other and can never all be realized, altogether, all at once.