At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas and opinions on matters of public inte….

It is always possible for the court to overreach its proper bounds and perhaps declare a lot of laws unconstitutional and frustrate the will of the m….

Conservatives are those who worship dead radicals..

The Constitution requires that Congress treat similarly situated persons similarly, not that it engages in gestures of superficial equality..

In any civilized society the most important task is achieving a proper balance between freedom and order. In wartime, reason and history both suggest….

What many of those who oppose the use of juries in civil trials seem to ignore is that the founders of our Nation considered the right of trial by ju….

The "wall of separation between church and State" is a metaphor based on bad history..

[I]f we assume a liberty interest but nevertheless say that, even assuming a liberty interest, a state can prohibit it entirely, that would be rather….

The laws will not be silent in time of war but they'll speak with a somewhat different voice..

We start with first principles. The Constitution creates a Federal Government of enumerated powers..

Somewhere "out there," beyond the walls of the courthouse, run currents and tides of public opinion which lap at the courtroom door..

If you could say of any one individual that the court as an institution is the length and shadow of that individual, surely it would be John Marshall..

It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been ….

I realize that it is an unpopular and unhumanitarian position, for which I have been excoriated by 'liberal' colleagues, but I think Plessy v. Fergus….

Perhaps you should say there should be mandatory retirement even of members of the court, members of the federal judiciary. I'm sure there can be que….

A father's interest in having a child--perhaps his only child--may be unmatched by any other interest in his life. It is truly surprising that the st….

Pregnancy is of course confined to women, but it is in other ways significantly different from the typical covered disease or disability..

The 'wall of separation between church and state' is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It s….

The Equal Rights Amendment would "turn holy wedlock into holy deadlock.".

I may not be able to define pornography but I know it when I see it..