Tuesday, August 29, 2006

"Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no court to save it." must say that, as a litigant, I should dread a lawsuit beyond almost anything short of sickness and death." -- Judge Learned Hand, from "The Deficiencies of Trials to Reach the Heart of the Matter", in 3 "Lectures On Legal Topics" 89, 105 (1926), quoted in Fred R. Shapiro, "The Oxford Dictionary Of American Legal Quotations" 304 (1993).
Jama v. I.N.S.329 F.3d 630C.A.8 (Minn.),2003.May 27, 2003
But it was Learned Hand himself who noted that it would be “most irksome to be ruled by a bevy of Platonic Guardians,” even if he knew “how to choose them,” which, he said, he assuredly did not.
Learned Hand , The Bill of Rights, 73 (1958). Congress is free to fix the statute if it needs fixing, and Congress knows how to do so if it wishes.