One is entitled to say without qualification that the correlation between prior judicial experience and fitness for the Supreme Court is zero.
Interpretation
Judicial experience does not determine a person's capability to serve on the Supreme Court.
Felix Frankfurter's quote suggests that having prior judicial experience does not necessarily correlate with an individual's qualifications to serve on the Supreme Court. This challenges the conventional wisdom that experience is a prerequisite for such an important judicial role, emphasizing that other qualities and perspectives may be equally or more important.
In practice
During a panel discussion on judicial reform, this quote can be cited to argue for a broader definition of qualifications for judges.
Ultimately there can be no freedom for self unless it is vouchsafed for others; there can be no security where there is fear, and a democratic society presupposes confidence and candor in the relations of men with one another and eager collaboration for the larger ends of life instead of the pursuit of petty, selfish or vainglorious aims.
The accretion of dangerous power does not come in a day. It does come, however slowly, from the generative force of unchecked disregard of the restrictions that fence in even the most disinterested assertion of authority.
Democracy is always a beckoning goal, not a safe harbor. For freedom is an unremitting endeavor, never a final achievement.
Without a free press there can be no free society. That is axiomatic. However, freedom of the press is not an end in itself but a means to the end of a free society. The scope and nature of the constitutional guarantee of the freedom of the press are to be viewed and applied in that light.
The words of the Constitution... are so unrestricted by their intrinsic meaning or by their history or by tradition or by prior decisions that they leave the individual Justice free, if indeed they do not compel him, to gather meaning not from reading the Constitution but from reading life.
Litigation is the pursuit of practical ends, not a game of chess.
People who have lost their hunger for justice are not ultimately powerful. They are like sick people who have lost their appetite for what is truly nourishing. Such sick people should not frighten or discourage us. They should be prayed for along with the sick people who are in the hospital. "The love for justice that is in us is not only the best part of our being but it is also the most true to our nature."
In countries with a properly functioning legal system, the mob continues to exist, but it is rarely called upon to mete out capital punishment. The right to take human life belongs to the state. Not so in societies where weak courts and poor law enforcement are combined with intractable structural injustices.
Justice and goodwill will outlast passion.
If we continue to tell ourselves the popular myths about racial progress or, worse yet, if we say to ourselves that the problem of mass incarceration is just too big, too daunting for us to do anything about and that we should instead direct our energies to battles that might be more easily won, history will judge us harshly. A human rights nightmare is occurring on our watch.
We have to work together in order to prove that genocidal campaigns will fail and lead to accountability of the perpetrators and bring justice for survivors.
Justice and judgment lie often a world apart.
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