Balls/Strikes

Time will one day heal the wound to that confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.

-- John Paul Stevens, Dissent, "Bush v. Gore"

Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.

-- William Rehnquist, "Bush v. Gore"

The counting of votes that are of questionable legality does in my view threaten irreparable harm to petitioner, and to the country, by casting a cloud upon what he claims to be the legitimacy of his election. Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.

-- Antonin Scalia, Concurring Opinion on Petition For Stay, "Bush v. Gore"

Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don’t make the rules; they apply them. . . . Nobody ever went to a ball game to see the umpire. . . . If I am confirmed, I will confront every case with an open mind. I will fully and fairly analyze the legal arguments that are presented. I will be open to the considered views of my colleagues on the bench. And I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability. And I will remember that it’s my job to call balls and strikes and not to pitch or bat.

-- John Roberts, Opening Statement, Confirmation Hearings