"It is a wise man who said that there is no greater inequality than the equal treatment of unequals"
About this Quote
The line lands like a legal maxim but carries the quiet menace of a knife: “equal treatment” can be the most efficient way to launder injustice. Frankfurter is warning that formal fairness, applied mechanically, becomes its own bias. If people begin from different circumstances, insisting on identical rules doesn’t neutralize inequality; it sanctifies it. The aphorism works because it flips a comforting civic slogan on its head. Equality, in this framing, is not a posture you strike but a condition you build.
Coming from a Supreme Court justice, the subtext is institutional. Courts are tempted to treat “like cases alike” as an end in itself, because it looks clean, objective, apolitical. Frankfurter points to the dirty secret: the hardest part of judging is deciding what counts as “like.” The law’s categories often ignore lived differences - wealth, disability, race, language, access to counsel - and then congratulate themselves for neutrality. Equal treatment can become a moral alibi: we didn’t discriminate; we applied the same policy to everyone.
The context matters, too. Frankfurter served through the New Deal and the early civil-rights era, when American law was struggling over whether the Constitution demands only procedural evenhandedness or permits (even requires) remedies attentive to unequal starting points. Read against debates about segregation, labor rights, and administrative power, the quote argues for equity without using the word: sometimes justice requires differential treatment precisely to achieve equal citizenship. It’s a defense of judgment over slogans, and a reminder that “neutral” systems often have a point of view.
Coming from a Supreme Court justice, the subtext is institutional. Courts are tempted to treat “like cases alike” as an end in itself, because it looks clean, objective, apolitical. Frankfurter points to the dirty secret: the hardest part of judging is deciding what counts as “like.” The law’s categories often ignore lived differences - wealth, disability, race, language, access to counsel - and then congratulate themselves for neutrality. Equal treatment can become a moral alibi: we didn’t discriminate; we applied the same policy to everyone.
The context matters, too. Frankfurter served through the New Deal and the early civil-rights era, when American law was struggling over whether the Constitution demands only procedural evenhandedness or permits (even requires) remedies attentive to unequal starting points. Read against debates about segregation, labor rights, and administrative power, the quote argues for equity without using the word: sometimes justice requires differential treatment precisely to achieve equal citizenship. It’s a defense of judgment over slogans, and a reminder that “neutral” systems often have a point of view.
Quote Details
| Topic | Equality |
|---|
More Quotes by Felix
Add to List











