The law schools are taking a position on First Amendment grounds, and that position is in interference with military recruiting, no question about it.

The Constitution is a pantheon of values, and a lot of hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another.

The Constitution is no simple contract, not because it uses a certain amount of open-ended language, but because its language grants and guarantees many good things, and good things that compete with each other and can never all be realized, altogether, all at once.

The challenger has an uphill fight. If he's lucky enough to win and gets to the general election, he's going to be broke.

The court has to decide which of our approved desires has the better claim, right here, right now, and a court has to do more than read fairly when it makes this kind of choice.

The Court's majority holds that the Establishment Clause is no bar to Ohio's payment of tuition at private religious elementary and middle schools under a scheme that systematically provides tax money to support the schools' religious missions.

The language of the Constitution's guarantee of equal protection of the laws did not change between 1896 and 1954, and it would be very hard to say that the obvious facts on which 'Plessy' was based had changed.

The obligation of any judge is to decide the case before the court, and the nature of the issue presented will largely determine the appropriate scope of the principle on which its decision should rest.

It may be that the seemingly intrinsic attraction that past time has for me is merely a desire for escapism, as I look out at the nation and world with little optimism.

Ellis Island lies in New York Harbor 1,300 feet from Jersey City, New Jersey, and one mile from the tip of Manhattan. At the time of the first European settlement, it was mostly mud, sand, and oyster shells, which nearly disappeared at high tide.