What The Court Really Has Refused To

This Court Repeatedly Has Recognized That The Whole Subject Of The Domestic Relations Of Husband And Wife Belongs To The Laws Of The States And Not To The Laws Of The United States.

The Free Exercise Clause At The Very Least Was Designed To Guarantee Freedom Of Conscience By Prohibiting Any Degree Of Compulsion In Matters Of Belief. It Was Offended By A Burden On One's Religion. The Establishment Clause Can Be Understood As Designed In Part To Ensure That The Advancement Of Religion Comes Only From The Voluntary Efforts Of Its Proponents And Not From Support By The State. Religious Groups Are To Prosper Or Perish On The Intrinsic Merit And Attraction Of Their Beliefs And Practices.

The States Are Not Free, Under The Guise Of Protecting Maternal Health Or Potential Life, To Intimidate Women Into Continuing Pregnancies.

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.

Who Is To Say That 5 Men 10 Years Ago Were Right Whereas 5 Men Looking The Other Direction Today Are Wrong.