The Case Against the Supreme Court Quotes

“It is often forgotten today that Plessy v. Ferguson was not an isolated Supreme Court decision. In case after case, the Court reaffirmed and upheld the ability of states to enforce apartheid.”
― Erwin Chemerinsky, The Case Against the Supreme Court

“In a society with a long history of discrimination, there should be a presumption that many laws with a discriminatory impact likely were motivated by a discriminatory purpose.”
― Erwin Chemerinsky, The Case Against the Supreme Court

“But the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre, and causing a panic. . . . The question in every case is whether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” With relatively little elaboration,”
― Erwin Chemerinsky, The Case Against the Supreme Court

“women today are paid, on average, only seventy-seven cents for every dollar paid to men. On average, “African-American women earn only 62% and Hispanic women earn only 53% of the income of Caucasian, non-Hispanic males,” according to professor Marianne DelPo Kulow.”
― Erwin Chemerinsky, The Case Against the Supreme Court

“Fourth Amendment, which requires a judge-issued warrant for an arrest; the Fifth Amendment, which requires a grand jury indictment before a person is held for trial; and the Sixth Amendment, which says that a person can be imprisoned only after conviction by a jury based on proof beyond a reasonable doubt.”
― Erwin Chemerinsky, The Case Against the Supreme Court

“(1) likelihood of (2) imminent, (3) significant harm.”
― Erwin Chemerinsky, The Case Against the Supreme Court

“For almost a century after the Slaughter-House Cases, the Court followed this narrow reading of the Equal Protection Clause and refused to use it to stop other types of discrimination. For example, in 1875, two years after the Slaughter-House Cases, the Supreme Court held that it was constitutional to deny women the right to vote.”
― Erwin Chemerinsky, The Case Against the Supreme Court

“emasculation”
― Erwin Chemerinsky, The Case Against the Supreme Court

“habeas corpus,”
― Erwin Chemerinsky, The Case Against the Supreme Court

“pernicious”
― Erwin Chemerinsky, The Case Against the Supreme Court

“inimical”
― Erwin Chemerinsky, The Case Against the Supreme Court