Talk:Essay:25 Worst Court Decisions

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Just some suggesttions for cases you might want to consider adding to your list:

United States v Callender-upheld the Sedition Act, which made criticizing the gov't a crime

The "Civil Rights" cases (US v Stanley, US v Ryan, etc)-Congress has no power to prohibit private discrimination, the 14th amendment doesn't apply to the federal government

The "Slaughterhouse" cases-The 14th Amendment doesn't apply to state governments

Lochner v New York-the birth of the Substantive Due Process theory, beginning of modern "judicial activism"

Korematsu v US-In time of war, US citizens may be detained without trial merely because of their ancestry --Steve 10:34, 24 July 2007 (EDT)

Good suggestions. I'll add the Callender case immediately, and welcome comments on the others.--Aschlafly 10:52, 24 July 2007 (EDT)

I love the idea of this essay. Clearly there is a lot of judicial activism and legislating from the bench, and this is a great way to really highlight some of the more egregious decisions. I've made an edit, which I hope is ok. SSchultz 01:34, 25 July 2007 (EDT)


Worst?

Shouldn't there be some sort of specified criteria as to what makes a case more bad than any other? Additionally, shouldn't the facts be combined with the legal questions presented to educate the children viewing this site as to what would exactly make a court decision worse than any other? This seems like nothing more than a cheap, political attack at an unfavorable opinion, not a legally erroneous one. --TGlennRet 01:36, 25 July 2007 (EDT)

Agreed with the first bit. Aside from that, there are 26 court cases listed, given that two are in the first one... I love that same sex marriage is only a little bit worse than slavery but still a lot better than forced sterilization. Barikada 00:05, 23 January 2008 (EST)

Epperson v. Arkansas

The decision in that case was not "evolution has to be taught", it was that you could not legally ban evolution from being taught in a public school setting. --transResident Transfanform! 11:03, 25 October 2007 (EDT)

Now I see that you're trying to condemn the case by condemning the justice who wrote the decision. This is a simple ad hominem attack, and is thus not a valid arguement. Also, the decision is still mischaracterized—see above. --transResident Transfanform! 07:57, 21 November 2007 (EST)

Worst Case

I think we should include Plyler v. Doe (1982) That mandated the education of illegal immigrants in public schools. Lukecorlando 20:14, 4 November 2007 (EST)

Wow, what a superb suggestion! That case should be on the list. It was a decision by the liberal Justice William Brennan, I think.
What decision should we take out to make room for it? Some have suggested reducing the duplicate-issue cases. Perhaps we have we could swap out one of the Establishment Clause cases, for example. You choose. Godspeed.--Aschlafly 21:10, 4 November 2007 (EST)

Either Engel v. Vitale or Stone v. Graham. They both involve religion in public schools almost redundantly. I believe that Plyler v. Doe should be placed very high as it is used as a precedent to strengthen the foothold of illegal immigrants in other instances as well. It also costs taxpayers billions. Lukecorlando


I am curious as to how Schlafly justifies his failure to include Plessy in this list and his decision to include Cooper, which was an enforcement Brown v. Board.--Laches 16:40, 30 November 2007 (EST)

Plessy was overturned, and the list does not include decisions overturned. Cooper was the case in which the Supreme Court declared judicial supremacy, and it was not simply an "enforcement" of Brown v. Board.--Aschlafly 17:57, 30 November 2007 (EST)

United States Federalism

I promoted Wickard v. Filburn to #2, because the expansion of the Commerce Clause beyond all reason was very detrimental to United States system of Federalism, was done by the FDR controlled courts, and modern liberals love the decision. I hope we get more Clarence Thomass to overturn this Unconstitutional abomination and Roe V. Wade. SW·· 00:10, 23 January 2008 (EST)