If you could say of any one individual that the court as an institution is the length and shadow of that individual, surely it would be John Marshall.

I may not be able to define pornography but I know it when I see it.

It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been expressly freighted with Jefferson's misleading metaphor for nearly forty years... There is simply no historical foundation for the proposition that the framers intended to build a wall of separation... The recent court decisions are in no way based on either the language or intent of the framers.

Somewhere "out there," beyond the walls of the courthouse, run currents and tides of public opinion which lap at the courtroom door.

The 'wall of separation between church and state' is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned.

Pregnancy is of course confined to women, but it is in other ways significantly different from the typical covered disease or disability.

The Constitution requires that Congress treat similarly situated persons similarly, not that it engages in gestures of superficial equality.