We have to chjoose," said Oliver Wendell Holmes Jr., "and for my part, I think it less evil that some criminals should escape than that the government should play an ignoble part." Thus, speaking in 1928, Mr. Justice Holmes not only descried one of the most hotly debated social issues of the '60s, but foreshadowed as well the present-day philosophy of a Supreme Court that has done more than any other in U.S. history to bolster the rights of the individual against "ignoble" government power. In so doing, the court in recent years has...
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