In the wake of Citizens United, I thought I would put together a list
of the Worst Supreme Court Decisions.
My Criteria are :
- Had to have been reversed or required a constitutional amendment.
- Had to be constitutional, not a decision of law.
- Had to have the damnedest reasoning in the light of history
Republicans like to Decry Judicial Activism, but lets see how much
conservative judicial activism there has been, creating "economic" Liberty,
demolishing the bill of rights and corporate personhood.
Dred Scott Any decision that helps contribute to a war and requires the 13th Amendment?
Elk vs Wilkins
Where the Supremes ruled that Indians aren't citizens....
Allgeyar v Louisiana Created a "Freedom of Contract" where Economic "Liberty"
outweighs public policy...Sorry contracts can only exist in the context
of Public Policy. When the court repudiates this in West coast Hotel,
it was obviously a lousy decision.
Plessy v Ferguson Separate but Equal?
Slaughterhouse Cases which really limited individual rights by directly gutting the 14th Amendment. Were these judges even reading?
Barron v Baltimore where the Supremes said the Bill of Rights didnt apply to the
states. Great. So much for the 14th Amendment.
giles v harris
Upholding disenfranchisement, despite the 15th Amendment.
Pollock v Farmers Loan
Where the supremes said "Tax Labor but not Capital". They passed the 16th amendment to tell the Supremes to go Shove..
When the people have to pass a constitutional amendment to tell the Supremes to go shove, it's bad.
Breedlove v Suttles which upheld Poll Taxes. Again we passed the 24th amendment
because of this.
Korematsu v US which upheld interning thousands of Citizens
buck v bell
which allowed forcable sterilization for eugenics.
Clinton v Jones which allows civil litigation against a sitting president.
Bowers v Hardwick Sustained criminalizing homosexuality
reversed in Lawrence v Texas
Bush v Gore A case so lousy the Supremes refused to make it citable.
Kelo v New London which lets Corporate America seize at will. It's kind of marginal because state law can change this...
Citizens United which reversed 200 years of holdings to make corporations people.
I'd include Roe v Wade because it didn't exactly make Abortion a fundamental right. instead it created some sort of bizarre half right.
A right that the state can regulate based upon time? But, it's stood up to 40 years of assault so it may be Stare Decesis.
What am I leaving out?
I realize my note on Roe is controversial, please don't go all animal on me.
I think there were better ways to structure it.
I'm more interested in the opinions that people think are lousy.