The Equal Rights Amendment would "turn holy wedlock into holy deadlock."

[I]f we assume a liberty interest but nevertheless say that, even assuming a liberty interest, a state can prohibit it entirely, that would be rather a conundrum.

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.

The "wall of separation between church and State" is a metaphor based on bad history.

Perhaps you should say there should be mandatory retirement even of members of the court, members of the federal judiciary. I'm sure there can be questions about whether one does as good work when you get into your - you know, I'm 67.

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.

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.