The Court today holds the Congress may say that some of the poor are too poor even to go bankrupt. I cannot agree.
Potter StewartMay the state fence in the harmless mentally ill solely to save its citizens from exposure to those whose ways are different? One might as well ask if the state, to avoid public unease, could incarcerate all who are physically unattractive or socially eccentric.
Potter StewartNewspapers, television networks, and magazines have sometimes been outrageously abusive, untruthful, arrogant, and hypocritical. But it hardly follows that elimination of a strong and independent press is the way to eliminate abusiveness . . .
Potter StewartThese death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual.
Potter StewartThe equal protection standard of the constitution has one clear and central meaning - it absolutely prohibits invidious [repugnant] discrimination by government...Under our Constitution, any official action that treats a person differently on account of his race or ethnic origin is inherently [by nature] suspect and presumptively [probably] invalid...Under the Constitution we have, one practice in which government may never engage in the practice of racism - not even "temporarily" and not even as an "experiment."
Potter Stewart