The exact quote is "Wisdom too often never comes, and so one ought not
to reject it merely because it comes late." Its author was former U.
S. Supreme Court Associate Justice Felix Frankfurter, dissenting in
Henslee v. Union Planters Bank, 335 U.S. 600 (1948).
From the Legal Information Institute:
The Court held in Heck v. Humphrey, 512 U.S. 477 (1994), that a state
prisoner may not maintain an action under 42 U.S. C. §1983 if the
direct or indirect effect of granting relief would be to invalidate
the state sentence he is serving. I joined the Court?s opinion in
Heck. Mindful of ?real-life example[s],? among them this case, cf.
id., at 490, n. 10, I have come to agree with Justice Souter?s
reasoning: Individuals without recourse to the habeas statute because
they are not ?in custody? (people merely fined or whose sentences have
been fully served, for example) fit within §1983?s ?broad reach.? See
id., at 503 (Souter, J., concurring in judgment); cf. Henslee v. Union
Planters Nat. Bank & Trust Co., 335 U.S. 595, 600 (1949) (Frankfurter,
J., dissenting) (?Wisdom too often never comes, and so one ought not
to reject it merely because it comes late.?).
Legal Information Institute
http://supct.law.cornell.edu/supct/html/96-7171.ZC1.html
The case in which this quote was originally issued was this one:
Mr. Justice FRANKFURTER, dissenting.
Wisdom too often never comes, and so one ought not to reject it merely
because it comes late. Since I now realize that I should have joined
the dissenters in the Merchants Nat. Bank of Boston case, 320 U.S. 256
, I shall not compound error by pushing that decision still farther. I
would affirm the judgment, substantially for the reasons given below.
FindLaw: Supreme Court Opinions
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=335&invol=595
Locating the quote was made easier by my awareness that Justice
Frankfurter was its source. I did not recall the precise wording of
the quote; this is the Google search string that brought me the best
results:
Google Web Search: "frankfurter" + "wisdom" + "comes" + "late"
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=frankfurter+wisdom+comes+late
I hope this information is useful. If anything is unclear, or if a
link does not function, please request clarification; I'll gladly
offer further assistance before you rate my answer.
Best regards,
pinkfreud |
Clarification of Answer by
pinkfreud-ga
on
23 Mar 2004 16:54 PST
Please excuse a typographical error in my answer.
I wrote:
"Its author was former U.S. Supreme Court Associate Justice Felix
Frankfurter, dissenting in Henslee v. Union Planters Bank, 335 U.S.
600 (1948)."
I should have written:
"Its author was former U.S. Supreme Court Associate Justice Felix
Frankfurter, dissenting in Henslee v. Union Planters Bank, 335 U.S.
600 (1949)."
The case was argued Dec. 4, 1948, and was decided Jan. 3, 1949.
~pinkfreud
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