Former Supreme Court Justice Learned Hand (1872-1961) is the most quoted justice in US history. His eloquence continues to inform discussions of everything from taxation to the preconditions of a free society. He also had a clear vision of what was most fundamental to the preservation of democracy, namely, equal justice.
According to Justice Hand, “It is the daily; it is the small; it is the cumulative injuries of little people that we are here to protect….If we are able to keep our democracy, there must be one commandment: Thou shalt not ration justice.”
Over his lifetime, Justice Hand emphasized the importance of deliberation and discussion and, hence, robust protections for and exercise of free speech. But I interpret this quotation as suggesting that democracy cannot thrive as long as “little people” suffer constant injury.
While the phrase “little people” strikes my ear as a bit stilted, even condescending, it’s easy to admire the notion of protecting those who are least able to protect themselves. It’s also easy to see why democracy might depend upon it.
