Worst Supreme Court Decisions
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  Worst Supreme Court Decisions
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Author Topic: Worst Supreme Court Decisions  (Read 7923 times)
Emsworth
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« on: July 27, 2005, 09:29:16 AM »
« edited: July 27, 2005, 10:19:32 AM by Emsworth »

I'm sure that this has been done before, but there's no harm in doing it again. List as many as you like.

1. Scott v. Sanford
2. Santa Clara v. Southern Pacific
3. Gonzales v. Raich
4. NLRB v. Jones & Laughlin Steel
5. Roe v. Wade
6. Kelo v. New London
7. Plessy v. Ferguson
8. Korematsu v. United States
9. Reynolds v. Sims
10. Nix v. Hedden
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Ebowed
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« Reply #1 on: July 27, 2005, 10:04:25 AM »
« Edited: July 27, 2005, 05:18:03 PM by Secretary of Defense Porce »

Plessy vs Ferguson
Roe vs Wade
Kelo vs New London
Gonzales vs Raich
Dredd Scott vs Sanford
Bush vs Gore
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BRTD
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« Reply #2 on: July 27, 2005, 11:18:08 AM »
« Edited: July 27, 2005, 11:22:59 AM by Frente Farabundo Martí para la Liberación Nacional »

Scott v. Sanford
Santa Clara v. Southern Pacific
Gonzales v. Raich
Kelo v. New London
Plessy v. Ferguson
Korematsu v. United States
Bowers v. Hardwick
Bush v. Gore
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Emsworth
Junior Chimp
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« Reply #3 on: July 27, 2005, 11:21:23 AM »

Finally, someone agrees with me!
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BRTD
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« Reply #4 on: July 27, 2005, 11:22:46 AM »

oops, I actually just copied and pasted your post and removed the ones that I didn't think classified. I actually had no clue what that one was. I just looked it up and now I'm amazed the Supreme Court had to rule on something so trivial.
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Emsworth
Junior Chimp
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« Reply #5 on: July 27, 2005, 11:24:44 AM »

oops, I actually just copied and pasted your post and removed the ones that I didn't think classified. I actually had no clue what that one was. I just looked it up and now I'm amazed the Supreme Court had to rule on something so trivial.
For those who haven't looked it up, Nix v. Hedden was a case in which the highest court in the land had to decide whether a tomato is a fruit or a vegetable.
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John Dibble
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« Reply #6 on: July 27, 2005, 11:38:48 AM »

I agree with some that have been said, but I'll list one pretty bad one:

Wickard vs. Filburn - this case declared that growing wheat for your own personal consumption is interstate commerce because if you didn't grow it yourself you would have to buy the wheat, so since you aren't buying you are indirectly affecting interstate commerce and therefore it is subject to federal regulation. Roll Eyes
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Filuwaúrdjan
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« Reply #7 on: July 27, 2005, 11:39:25 AM »

oops, I actually just copied and pasted your post and removed the ones that I didn't think classified. I actually had no clue what that one was. I just looked it up and now I'm amazed the Supreme Court had to rule on something so trivial.
For those who haven't looked it up, Nix v. Hedden was a case in which the highest court in the land had to decide whether a tomato is a fruit or a vegetable.

Botanically it's a fruit. What did they decide on?
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Emsworth
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« Reply #8 on: July 27, 2005, 12:37:14 PM »

Botanically it's a fruit. What did they decide on?
"Common parlance."

I should admit that it's not the most mundane thing the Supreme Court has considered. In Toy Biz v. United States, the court had to decide whether a superhero action figure was considered a "doll" for tax purposes.

Wickard vs. Filburn - this case declared that growing wheat for your own personal consumption is interstate commerce because if you didn't grow it yourself you would have to buy the wheat, so since you aren't buying you are indirectly affecting interstate commerce and therefore it is subject to federal regulation. Roll Eyes
"A switch in time saved nine." Angry
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A18
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« Reply #9 on: July 27, 2005, 02:23:43 PM »

1. Dred Scott v. Sanford (substantive due process)
2. Reynolds v. Sims (distortion of equal protection clause)
3. Roe v. Wade (no legal analysis whatsoever, just a history lesson)
4. McConnell v. FEC (most significant infringement upon free speech since the Civil War)
5. Missouri v. Jenkins (state sovereignty dismantled; separation of powers void)
6. Lawrence v. Texas (a law being dumb is not a good enough reason to overturn it)
7. Roper v. Simmons (distortion of cruel and unusual punishment)
8. Ashcroft v. Raich; United States v. Stewart (most disgusting outcome of any decision in my lifetime, that makes a joke out of the idea that the United States governemnt is one of few and defined powers)
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Emsworth
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« Reply #10 on: July 27, 2005, 02:27:28 PM »

5. Missouri v. Jenkins (state sovereignty dismantled; separation of powers void)
I had forgotten about that one. The idea that a federal court could order a local government authority to impose a tax ludicrous.

I noticed that you haven't included any of the horrible New Deal-related decisions, though.
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Speed of Sound
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« Reply #11 on: July 27, 2005, 02:33:42 PM »

Dread Scott vs. Sanford
Bush vs. Gore
Gonzalez vs. Raich
Kelo vs. City Of New London
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A18
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« Reply #12 on: July 27, 2005, 02:38:19 PM »

Well, I included the two decisions that dismantled Lopez and brought us back to the days of Congress being able to do whatever it wants (New Deal).

I forgot South Dakota v. Dole. No justice in that case shared my opinion.
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Emsworth
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« Reply #13 on: July 27, 2005, 02:42:47 PM »

Of the decisions you have cited, A18, I would agree that all are bad except Lawrence v. Texas and Roper v. Simmons.
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AuH2O
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« Reply #14 on: July 27, 2005, 03:12:28 PM »

Furman v. Georgia, since overturned (though there is another reason I pick that aside from being a bad decision). The school busing ones were terrible, I don't know all of them.

Plessy was actually a pretty good decision legally, given the existing precedent and law they were drawing upon. It did mandate equality in educational quality, though of course that was not followed until the 50s when it was too late.
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Emsworth
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« Reply #15 on: July 27, 2005, 03:42:53 PM »

Plessy was actually a pretty good decision legally, given the existing precedent and law they were drawing upon. It did mandate equality in educational quality, though of course that was not followed until the 50s when it was too late.
Given existing precedent, yes, but the precedent was wrong as well. Separation by race implies inherent inequality.
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AuH2O
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« Reply #16 on: July 27, 2005, 03:49:48 PM »

Plessy was actually a pretty good decision legally, given the existing precedent and law they were drawing upon. It did mandate equality in educational quality, though of course that was not followed until the 50s when it was too late.
Given existing precedent, yes, but the precedent was wrong as well. Separation by race implies inherent inequality.

Probably, but not necessarily. It could be the government finds a compelling interest to separate the races-- and that interest could be legitimate. For instance, black students at that time might be better off with black teachers, which even in a single school building would be "segregation." But if given the same materials and provided with a teacher of adequate training, the reality is that the result may be benefitial.

Now, the reality was quite different. But as a matter of law, Plessy at least was reasonable for the time-- and more importantly, can be considered progressive to some degree because it mandated equality. Once that was established, the Court knew full well the eventual result would be legal challenges if equality was not, in fact, attempted.
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StatesRights
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« Reply #17 on: July 27, 2005, 05:40:41 PM »

Dredd Scott was a rock solid constitutional decision for its' time and this is why I think so. (I bolded the important area)

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Dave from Michigan
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« Reply #18 on: July 27, 2005, 05:59:53 PM »

most of the bad ones have already been posted

Wickard vs. Filburn (never hear of this one until John Dibble mentioned it) Horrorible decision

Scott vs. Sanford
Roe vs. wade
Kelo vs. new London
McConnel vs. FEC

there are most likely more but I don't know that many supreme court case.
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A18
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« Reply #19 on: July 27, 2005, 06:09:21 PM »

Dredd Scott was a rock solid constitutional decision for its' time and this is why I think so. (I bolded the important area)

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Dred Scott did not 'escape' to a free state, he was taken to a free state. The court ruled that once he returned to Missouri, Missouri law alone applied.

That is fine. But the court went much further than that. They ruled that (A) the Missouri Compromise was unconstitutional, (B) no black person could ever become a citizen of the United States (the latter being proof that Tamey was an idiot, since many free African Americans were citizens of New Hampshire, Massachusetts, New York, New Jersey, and North Carolina at the time of the Constitution was written and actually voted for its ratification).

Indeed, Dred Scott was perhaps the first manifestation of the 'living, breathing Constitution.'
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Redefeatbush04
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« Reply #20 on: July 27, 2005, 06:55:05 PM »

oops, I actually just copied and pasted your post and removed the ones that I didn't think classified. I actually had no clue what that one was. I just looked it up and now I'm amazed the Supreme Court had to rule on something so trivial.
For those who haven't looked it up, Nix v. Hedden was a case in which the highest court in the land had to decide whether a tomato is a fruit or a vegetable.

yeah and they chose the wrong one......those bastards Wink

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dazzleman
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« Reply #21 on: July 27, 2005, 06:58:26 PM »

Roe vs. Wade
Plessey vs. Ferguson
Kelo vs. New London
Swann vs. Mecklenburg County
Dred Scott Decision (I don't know the official name)
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Ebowed
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« Reply #22 on: July 27, 2005, 07:09:54 PM »

Dred Scott Decision (I don't know the official name)
Dredd Scott vs Sanford
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Redefeatbush04
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« Reply #23 on: July 27, 2005, 07:13:43 PM »




1. Dred Scott v. Sanford (substantive due process)


Glad to see everyone agrees that this decision was horrible

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nini2287
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« Reply #24 on: July 27, 2005, 08:29:06 PM »

Scott v. Sanford
Roe v. Wade
Planned Parenthood v. Casey
Kelo v. New London
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