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.

By placing discretion in the hands of an official to grant or deny a license, such a statute creates a threat of censorship that by its very existence chills free speech.

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.

If there is any truth to the old proverb that one who is his own lawyer has a fool for a client, the Court now bestows a constitutional right on one to make a fool of himself.

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.

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.

Of one thing, however, I am certain. Just as an execution without adequate safeguards is unacceptable, so too is an execution when the condemned prisoner can prove that he is innocent. The execution of a person who can show that he is innocent comes perilously close to simple murder.

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.

From this day forward, I no longer shall tinker with the machinery of death.

If [a United States Supreme Court Justice is] in the doghouse with the Chief [Justice], he gets the crud. He gets the tax cases.

The death penalty experiment has failed.

From this day forward, I no longer shall tinker with the machinery of death. ... I fell morally and intellectually obligated simply to concede that the death penalty experiment has failed.

The states are not free, under the guise of protecting maternal health or potential life, to intimidate women into continuing pregnancies.

The right to privacy... is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.

The mandated description of fetal characteristics at two-week intervals, no matter how objective, is plainly overinclusive. [It is] not medical information that is always relevant to the woman's decision, and it may serve to confuse and punish her and to heighten her anxiety.

Who is to say that 5 men 10 years ago were right whereas 5 men looking the other direction today are wrong.