The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.

Law is vulnerable to the winds of intellectual or moral fashion, which it then validates as the commands of our most basic concept

As government regulations grow slowly, we become used to the harness. Habit is a powerful force, and we no longer feel as intensely as we once would have [the] constriction of our liberties that would have been utterly intolerable a mere half century ago.

Under the First Amendment's prohibition of the establishment of religion, the Court has steadily made religion a matter for the private individual by driving it out of the public arena.

There is no single grand strategy. Just as the New Left abandoned an overarching program and became a series of like-minded groups advancing area by area, so it must counterattacked area by area.

It is a ship with a great deal of sail but a very shallow keel.

By depriving the charged person of any defenses [the rulings] mean that sexual dalliance, however voluntarily engaged in, becomes harassment whenever an employee sees fit, after the fact, so to characterize it.