# Learned Hand The most quoted American judge never appointed to the Supreme Court. Fifty-two years on the federal bench, and by a common count more Supreme Court citations than any other lower-court judge. For this vault his decisive opinion is [[United States v. Alcoa]] (1945), which he wrote for a Second Circuit panel sitting as the **court of last resort** — the Supreme Court could not assemble a quorum after recusals, so Congress amended the statute to send the case to him. Hand's holding repudiated the unexerted-power doctrine of *U.S. Steel* (1920) and set the structural high-water mark of American antitrust: ninety percent of a market "is enough to constitute a monopoly," monopoly may be "thrust upon" a firm but not maintained by anticipating and pre-empting demand, and Congress "did not condone 'good trusts' and condemn 'bad' ones; it forbad all." He is also the source of the *Carroll Towing* negligence formula, the "clear and present danger" antecedent in *Masses Publishing* (1917), and the 1944 "spirit of liberty" speech — "the spirit of liberty is the spirit which is not too sure that it is right." > Stub — fill out. See [[US Antitrust and Monopoly Timeline]].