If you're a prosecutor, and you believe the defendant is guilty, you only talk about ultimate truth, but not intermediate truth. If you're the defense attorney, you care deeply about intermediate truth, but you tend to neglect ultimate truth.
When it comes to partisan politics, everyone is a hypocrite. And all they care about is whether it hurts or helps them ... Is it good or bad for the Democrats? Is it good or bad for the Republicans? Is it good or bad for Jews, or good or bad for blacks, or is it good or bad for women? Is it good or bad for men? Is it good or bad for gays? That's the way people think about issues today. There is very little discussion of enduring principles.
Our First Amendment expresses a far different calculus for regulating speech than for regulating nonexpressive conduct and that is as it should be. The right to swing your fist should end at the tip of my nose, but your right to express your ideas should not necessarily end at the lobes of my ears.
I love discomfort. I mean, my whole life is discomfort. One reason I can never retire is that the idea of just sitting on the beach totally comfortable is not a desideratum in my life. I like ambiguity, I like conflict, I like uncertainly.
To ask about the 'source' of rights or morals assumes an erreous conclusion. To ask about the source of morals is to assume that such a source exists. As if it existed outside of human constructed systems. The 'source' is the human ability to learn from experience and to entrench rights in our laws and in our consciousness. Our rights come from our long history of wrongs.
I think we have to give religion its due. I think we have to respect those for whom religion is important, but equally respect those who can achieve good morality without religion.
I can't find anything in the Constitution that says you prefer the life of the mother, or the convenience of the mother if it's an abortion by choice, over the potential life of the fetus. Look, I think women, if they're required to not have abortions, could die and could - so I favor a woman's right to choose.
In the real world in which we live, you always have to choose between evils. And in choosing between evils, you have to have moral criteria for how to make those choices.
Doing something because God has said to do it does not make a person moral: it merely tells us that person is a prudential believer, akin to the person who obeys the command of an all-powerful secular king.
We live in an age where there is both more expression and more self-censorship than existed even a decade ago. Alas, laws have immunized internet carriers from many of the usual rules that govern public dialogue. Rights must always stay ahead of technology to assure that constitutional protections apply to all forms of communication.
It is the wall of separation between church and state . . . that is largely responsible for religion thriving in this country, as compared to those European countries in which church and state have been united, resulting in opposition to the church by those who disapprove of the government.