...admonition in his now vindicated dissent in Lochner v. New York, 198 US 45, 76 (1905): "[The Constitution] is made for people of fundamentally differing views,...them conflict with the Constitution of the United States." I The Texas statutes that concern us here are Arts. 1191-1194 and 1196 of the State's Penal...

...quoting Justice Oliver Wendell Holmes, Jr.'s statement in Lochner v. New York (1905): "[The Constitution] is made for people of fundamentally differing views,...to conclude our judgment upon the question whether the statutes embodying them conflict with the Constitution of the United States." Justice Blackmun...

...insisting on judicial deference to legislative action. There, Holmes had argued that a constitution, "is made for people of fundamentally differing views,...shocking ought not to conclude our judgment upon the question."35 Holmes strongly affirmed "the right of a majority to embody their opinions in law" (75)...

...fact that the moral judgments expressed by statutes like 16-6-2 may be " 'natural and familiar . . . ought not to conclude our judgment upon the question...them conflict with the Constitution of the United States.' " Roe v. Wade (1973), quoting Lochner v. New York (1905) (Holmes, J., dissenting). Like Justice...

...fact that the moral judgments expressed by statutes like § 16-6-2 may be "natural and familiar . . . ought not to conclude our judgment upon the question...them conflict with the Constitution of the United States." Roe v Wade, 410 US 113, 117, 35 L Ed 2d 147, 93 S Ct 705 (1973), quoting Lochner v New York,...

...embody convictions or prejudices which judges are likely to share. Some may not." And he concluded that a constitution is not intended to embody a particular...them conflict with the Constitution of the United States.81 A similar argument may be urged in respect to privacy generally, and the mass publication...

...theory, whether of paternalism and the organic relation of the citizen to the State or of laissezfaire. It is made for people of fundamentally differing views,...statutes embodying them conflict with the (Constitution). "... I think that the word liberty in the 14th Amendment is perverted when it is held to prevent the...

...people of fundamentally differing views, and the accident of our finding certain opinions natural or familiar, or novel, and even shocking, ought not to...them conflict with the Constitution of the United States. 32 29 312 US 100 (1941). 30 514 US 549 (1995). 31 198 US 45 (1905). His stance may be traced...

...American legal writing. "The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics ... a constitution is not intended to embody a particular...them conflict with the Constitution of the United States. General propositions do not decide concrete cases. The decision will depend on a judgment or...

...over the centuries. We bear in mind, too, Mr. lustice Holmes' admonition . . . : " [The Constitution ] is made for people of fundamentally differing views,...them conflict with the Constitution of the United States." To summarize and to repeat: i. A state criminal abortion statute of the current Texas type,...