Avocado's Number wrote:
A very apt and highly underappreciated observation.
I'm curious: Is it just a coincidence that you posted this quotation on the same day that it was used in an article for The Atlantic?
I agree Justice Jackson's observations are underappreciated.
Sorry to disappoint, but it's just coincidence. I'm not Conor Friedersdorf, and I'm pretty sure we've never met. In fact, I hadn't seen that article until you mentioned it. (It looks interesting, so I'm glad you mentioned it.) I first ran across Jackson's quote in the late 80s or early 90s. It's a fun one to throw out, since it seems to run against common sense. I've learned a lot from pondering it over the years.
If I had to guess as to why we both use it, I'd say it's because this quotation has been "in the air" recently. Partly, that's because of the increasing worry about over-criminalization, which makes selective prosecution even easier. But mostly it is popping up a lot because of the Mueller investigation. Justice Scalia quoted Jackson in one of the early special prosecutor cases. Scalia's views were ignored (and mocked) until the Clinton impeachment, when Scalia's predictions about the dangers of special prosecutors running amok started to look prescient. Since then, Jackson's quote shows up whenever special prosecutors are discussed.
It seems you had seen the Jackson quote before. Where did you come across it?