I am more optimistic though, that this court will eventually conclude that the effort to eliminate arbitrariness while preserving fairness in the infliction of [death] is so plainly doomed to failure that is - and the death penalty - must be abandoned altogether. I may not live to see that day, but I have faith that eventually it will arrive.
Abortion raises moral and spiritual questions over which honorable persons can disagree sincerely and profoundly. But those disagreements did not then and do not now relieve us of our duty to apply the Constitution faithfully.
In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently.
The flaw in the statute is that in all its applications, it operates on a fundamentally mistaken premise that high solicitation costs are an accurate measure of fraud.