The "horrible decisions that may be overturned now" list

[A18]

Grutter v. Bollinger -- upholding the affirmative action admissions policy of the University of Michigan Law School
Stenberg v. Carhart -- striking down Nebraska's partial-birth abortion ban
McConnell v. FEC -- upholding McCain-Feingold
Tennessee v. Lane -- holding that the Americans with Disabilities Act permissibly overrode state sovereign immunity

Anything else I'm missing?

[A18]

you're getting way ahead of yourself.  and probably overlooking anthony kennedy's swing position.

Kennedy voted against the majority in all of those cases. O'Connor was the fifth vote in each of them.

And I didn't say how quickly they would be overturned. But if Roberts and Alito join Scalia, Thomas, and Kennedy, it's only a matter of time.

[A18]

Uh, two points, both of which should be obvious, but apparently aren't to some people.

First, Scalia, Thomas, Alito, and Roberts all support Brown, as each has made very clear.

Second, Brown v. Board of Education dealt only with racial segregation. In cases of sex separation, the Court would apply intermediate scrutiny, and in the case angus brings up, a mere rational basis would be required.

[A18]

Roberts made it very clear during his confirmation that he was in favor of the Oregon assisted suicide law.

He did no such thing.

[A18]

He went on and on about "judicial restraint", and he told Senator Wyden that he supported the law.

Where? Not that it matters anyway, since his judicial views and political views may differ substantially.

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Um, it says that a valid federal statute overrides state law. Roberts thought federal law and the Oregon statute were irreconcilable, and therefore Oregon law had to give way, unless the federal statute was unconstitutional (an issue which was not before the court).

[A18]

Justices do take precedent seriously, and while they are allowed to depart from it, voting against the original decision does not imply voting to overturn it.

No, it almost always does mean voting to overturn it.

I noticed Kennedy didn't care too much about precedent in Lawrence v. Texas.

Casey itself overruled much of Roe, despite precedent.

[A18]

I forgot McCreary County v. ACLU, holding the Kentucky Ten Commandments display unconstitutional by a 5-4 vote, with O'Connor in the majority.

[A18]

Kelo v. New London
(but then again it is rather recent and likely won't be overturned for a long time)

No. O'Connor dissented in that 5-4 decision. The five are still on the court.