Difference between revisions of "Essay:25 Worst Court Decisions"

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The vast majority of the "25 Worst Court Decisions" involved some [[deceit|deception]], impropriety or inadequate scholarship, as discussed in the footnotes.  (All decisions are by the [[U.S. Supreme Court]] except where noted; rulings overturned by the court system are not included.)
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#[[Roe v. Wade]] (and [[Doe v. Bolton]]) (1973) (legalized [[abortion]])<ref>Neither woman in these cases actually wanted an [[abortion]], and both have since attempted unsuccessfully to have these decisions overturned.</ref>
 
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#[[Wickard v. Filburn]] (1942) (granted Congress power to prohibit growing wheat on your own land) and turned the [[Commerce Clause]] on its head.<ref>http://www.law.cornell.edu/supct/html/historics/USSC_CR_0317_0111_ZS.html</ref>
 
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#[[Dred Scott v. Sanford]] (1857) (authorized slavery & denied citizenship to blacks)<ref>The Court far exceeded the controversy before it in its ruling.  President [[James Buchanan]] reportedly had sought this decision privately with the Court, and the decision was rendered two days after his inauguration.</ref>
 
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#[[Goodridge v. Department of Public Health]] (Mass. Sup. Ct. 2003) (mandated same-sex [[marriage]])<ref>The lead plaintiffs separated about two years after getting married.[http://www.boston.com/news/local/massachusetts/articles/2006/07/21/after_2_years_same_sex_marriage_icons_split_up/]</ref>
 
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#[[Engel v. Vitale]] (1962) (banned prayer in [[public school]])<ref>The Court cited no precedential holding in its entire opinion.</ref>
 
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#[[Buck v. Bell]] (1927) (approved of forced sterilization of low-IQ women)<ref>The case was based on a fraudulent claim that the woman was mentally retarded.</ref>
 
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#[[Plyler v. Doe]] (1982) (mandated that all illegal immigrants be given free education in [[public school]]s)
 
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#[[Stenberg v. Carhart]] (2000) (legalized partial-birth abortion)<ref>The Court invalidated the [[partial-birth abortion]] laws even though they had never been applied, contrary to its ruling in ''United States v. Salerno'', 481 U.S. 739, 745 (1987), that a facial challenge to a statute can succeed only if there are no circumstances in which the statute may be applied constitutionally.  The Court did not even cite or distinguish the ''Salerno'' precedent.</ref>
 
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#[[Roper v. Simmons]] (2005) (cited foreign law to prohibit the [[death penalty]] for crimes committed by 17-year-olds)
 
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#[[Kelo v. City of New London]] (2005) (expanded [[eminent domain]])
 
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#[[Lemon v. Kurtzman]] (1971) (used to justify eliminating religion from public life)<ref>Chief Justice [[Warren Burger]], who later lamented hostility to religion, wrote the ''Lemon'' decision for the Court but admitted privately in a dinner conversation with [[Andrew Schlafly]] in late 1991 that Burger never intended for it to be applied in the broad manner that it was.</ref>
 
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#[[Romer v. Evans]] (2002)
 
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#[[Lawrence v. Texas]] (2003) (struck down sodomy laws, allowing immoral conduct)<ref>This case was a set-up whereby a false claim of a [[felony]] was reported to the police in order to compel an arrest in someone's apartment.</ref>
 
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#[[Stone v. Graham]] (1980) (banned the [[Ten Commandments]] from display in [[public school]])<ref>The Court issued a 5-4 unsigned ([[per curiam]]) decision without hearing argument on the merits of the case.</ref>
 
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#[[Epperson v. Arkansas]] (1968) (prohibited limitations on [[evolution]] indoctrination in public schools)<ref>Justice [[Abe Fortas]] wrote this opinion only weeks after he was rejected by the [[Senate]] for improprieties in his nomination to become Chief Justice,[http://www.washingtonpost.com/wp-dyn/articles/A45149-2005Mar17.html] and as a new scandal was lurking that led to Chief Justice [[Earl Warren]] telling him to resign.  This opinion was released a mere 27 days after oral argument, which is much quicker than usual.</ref>
 
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#[[Edwards v. Aguillard]] (1987) (banned scientific evidence of creation from [[public schools]])
 
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#[[Baker v. Carr]] (1962) (one man one vote)
 
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#[[Cooper v. Aaron]] (1958) (judicial supremacy)
 
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#[[Missouri v. Jenkins]] (1985) (upheld 1990) (ordered tax increase for school)
 
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#[[Montoy v. Kansas]] (Kan. Sup. Ct. 2005) (ordered tax increase for school)
 
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#[[Mapp v. Ohio]] (1961) (required criminal courts to exclude evidence if seized improperly)
 
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#[[United States v. Callender]] (upheld the [[Sedition Act]])
 
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#[[Griswold v. Connecticut]] (1965) (created a "right to privacy" not present in the Constitution which has been used to justify abortion and sodomy)
 
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#[[Block v. Hirsh]] (1921) (declared [[rent control]] to be constitutional despite deprivation of rights of property owners)
 
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#[[U.S. Term Limits v. Thornton]] (1995)
 
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== References ==
 
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<references/>
 
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[[category:United States Supreme Court Cases]]
 
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[[category:law]]
 
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[[category:essay]]
 

Revision as of 20:34, April 2, 2008

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