The availability of
a powerful amplification system
will be of little
help
to the woman who hopes to forge,
in the last moments
before
another of her sex is to have an
abortion,
a bond of concern and
intimacy
that might enable her
to persuade the woman to change her mind
and heart.
The counselor may wish to walk alongside
and to say,
sympathetically
and as softly
as the circumstances allow,
something
like: "My dear, I know what you are going through. I've been through it
myself. You're not alone and you do not have to do this. There are
other alternatives. Will you let me help you? May I show you a picture
of what your child looks like at this stage of her human development?"
Antonin Scalia, Hill v. Colorado, 530 U.S. 703 at 757. Italics mine.
So committed
is the Court to
its course
that it denies these protesters,
in the face of
(what they
consider to be)
one of life's gravest moral crises,
even the opportunity
to try to offer a fellow citizen
a little pamphlet,
a handheld paper,
seeking to reach a higher law.
I dissent.
Anthony Kennedy. Hill v. Colorado, 530 U.S. 703 at 792. Parentheses mine.
In Silverman,
for example,
we made clear that any physical
invasion
of the structure of the home,
“by even a fraction of an inch,”
was too much, 365 U.S., at 512,
and there is certainly no exception
to
the warrant requirement
for the officer who barely cracks open the
front door
and sees nothing but the nonintimate rug
on the vestibule
floor.
Antonin Scalia, Kyllo v. U.S., 533 U.S. 27.
Six minutes
and nearly 10 miles
after the chase had begun,
Scott
decided to attempt to terminate the episode
by employing
a “Precision
Intervention Technique (‘PIT’) maneuver,
which causes the fleeing
vehicle to spin to a stop.”
Having radioed his
supervisor
for permission, Scott was told to
“ ‘[g]o ahead and take him
out.’ ”
Instead,
Scott applied his push bumper
to the rear of respondent’s vehicle.
As a result,
respondent lost control of his vehicle,
which left the
roadway,
ran down an embankment,
overturned,
and crashed.
Respondent
was badly injured and was rendered a quadriplegic.
...................
We see respondent’s vehicle
racing down narrow two-lane roads in the
dead of night
at speeds that are
shockingly fast.
We see it
swerve
around more than a dozen other cars
cross
the double-yellow line
and
force cars traveling in both directions
to their respective shoulders.
...................
It was respondent, after all,
who intentionally placed himself
and the
public
in danger by unlawfully engaging
in the reckless
high-speed
flight
that ultimately produced the choice
between two evils
that Scott
confronted.
Multiple police cars,
with blue lights
flashing
and sirens
blaring
had been chasing respondent for nearly 10 miles,
but he
ignored their warning to stop.
But wait, says respondent:
Couldn’t
the innocent public
equally have
been protected,
and the tragic accident entirely avoided,
if the police
had
simply ceased their pursuit?
Antonin Scalia, Scott v. Harris. 433 F.3d 807