John Paul Stevens

“ We, of course, are not subject to the same restraint when asked to upset one of our own precedents. But when our earlier opinion gives a statutory provision concrete meaning, which Congress elects not to amend during the ensuing 31/2 decades, our duty to respect Congress' work product is strikingly similar to the duty of other federal courts to respect our work product. ”

“ In the final analysis, a Justice's vote in a case like this depends more on his or her views about the respective lawmaking responsibilities of Congress and this Court than on conflicting policy interests. Judges who have confidence in their own ability to fashion public policy are less hesitant to change the law than those of us who are inclined to give wide latitude to the views of the voters' representatives on nonconstitutional matters. ”

“ Most recently they were revisited in McMahon, supra, an action based upon the Securities Exchange Act of 1934. Compare 482 U.S., at 225-238, 107 S.Ct., at 2336-2344, with id., at 243-266, 107 S.Ct., at 2346-2358 (BLACKMUN, J., concurring in part and dissenting in part) . ”