I am more optimistic though, that this court will eventually conclude that the effort to eliminate arbitrariness while preserving fairness in the infliction of [death] is so plainly doomed to failure that is - and the death penalty - must be abandoned altogether. I may not live to see that day, but I have faith that eventually it will arrive.
Harry A. BlackmunIf [a United States Supreme Court Justice is] in the doghouse with the Chief [Justice], he gets the crud. He gets the tax cases.
Harry A. BlackmunThis Court repeatedly has recognized that the whole subject of the domestic relations of husband and wife belongs to the laws of the States and not to the laws of the United States.
Harry A. BlackmunDisapproval of homosexuality cannot justify invading the houses, hearts and minds of citizens who choose to live their lives differently.
Harry A. BlackmunThe mandated description of fetal characteristics at two-week intervals, no matter how objective, is plainly overinclusive. [It is] not medical information that is always relevant to the woman's decision, and it may serve to confuse and punish her and to heighten her anxiety.
Harry A. BlackmunFrom this day forward, I no longer shall tinker with the machinery of death. For more than 20 years I have endeavored - indeed, I have struggled - along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court's delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated to concede that the death penalty experiment has failed.
Harry A. Blackmun