The wise do not investigate such silliness.

You can't come in smugly and with great self satisfaction and say 'Oh it's torture, and therefore it's no good.' Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the constitution? It would be absurd to say you couldn't do that. And once you acknowledge that, we're into a different game.

The principal purpose of stare decisis is to protect reliance interest and further stability in the law.

[The Freedom of Information Act is] the Taj Mahal of the Doctrine of Unanticipated Consequences, the Sistine Chapel of Cost-Benefit Analysis Ignored.

If we're picking people to draw out of their own conscience and experience a 'new' Constitution, we should not look principally for good lawyers. We should look to people who agree with us. When we are in that mode, you realize we have rendered the Constitution useless.

More importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmakers. 'If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent.' In the meantime, this Court 'has no roving license ... to disregard clear language simply on the view that ... Congress 'must have intended' something broader.

Words no longer have meaning if an Exchange that is not established by a State is "established by the State".