Oliver Wendell Holmes Jr. stated that judges render decisions based on the political climate and little else.
Posted by The Pete Quiñones Show, Checked
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The Pete Quiñones ShowOct 10, 2026
No provided source contains Holmes saying that judges decide based on the political climate and little else. Some sources describe related ideas: the Encyclopedia.com entry says his decisions were policy choices and that he ratified "what the crowd wants", and the educational material says judges decide by "felt necessities".
What was said
… Nothing beyond. Malice and perverse moral frailty. You know, like I said, I can't. It's hard for me to put myself in the position of a judge because I really don't have any respect for judges and I. Agree with what Oliver Wendell Holmes Jr. said. Judges render decisions based on the political climate and little else. At the same time I'd be curious as to how an argument like that would be structured, assuming it was, you know, an issue of first impression. I'd probably let it pass, but I, I've got sympathy for the double, you know. Um. …
The Pete Quiñones Show · · from the transcriptPost →What we found
Contradicts. The Cambridge excerpt quotes Holmes warning that it is a misfortune when a judge reads his sympathy with one side or the other into the law, which cuts against the idea that judges decide on political climate and little else, though it does not directly negate the claim.[1]
Context. The Encyclopedia.com entry says Holmes's constitutional jurisprudence treated judicial decisions as inescapably policy choices and that he regretfully felt he could only ratify "what the crowd wants", which is thematically close to the claim but is not the claimed statement.[2]
Context. The educational material says Holmes held that judges cannot decide cases by reason and must rely on sentiments or "felt necessities", and that he respected some rulings as expressions of popular will.[3]
Context. The quotation collections (Britannica, quote.org) list many Holmes quotes but none matching the claimed statement that judges decide based on the political climate and little else.[4][5]
Sources
5 sources: 5 not rated
- 1Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraintassets.cambridge.org · not rated · cited for: contradicts
- 2Holmes, Oliver Wendell, Jr. (1841–1935) - Encyclopedia.comencyclopedia.com · not rated · cited for: context
- 3Educational materials for Oliver Wendell Holmesnlnrac.org · not rated · cited for: context
- 4292 quotes by Oliver Wendell Holmes Jr. (1841-1935), American ...quote.org · not rated · cited for: context
- 5Oliver Wendell Holmes, Jr.: Quotesbritannica.com · not rated · cited for: context
Where this claim was made
Said in 1 published post