What was the worst unanimous Supreme Court decision?
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  What was the worst unanimous Supreme Court decision?
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NYDem
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« on: June 24, 2022, 09:47:17 PM »
« edited: June 24, 2022, 10:11:29 PM by NYDem »

The Dobbs decision today got me thinking about the Supreme Court's controversial history. Unanimous decisions are actually the most common outcome, but most of the Supreme Court's "greatest hits" (Dred Scott, Plessy v Ferguson, Lochner, Buck v Bell, Bowers v Hardwick, etc.) had at least one dissenter.

In my opinion the worst unanimous decision was Korematsu v. United States, though Schenck v. United States is also up there. They're pretty well-known, but I don't know as much about Supreme Court history as some others on this forum.
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Donerail
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« Reply #1 on: June 24, 2022, 09:59:02 PM »

Korematsu was not unanimous; there were three dissents.

Unsurprisingly, the Court’s Indian law jurisprudence is replete with this kind of case. Johnson v. M‘Intosh (Indians do not “own” land they occupy) and Lone Wolf v. Hitchcock (Congress can unilaterally break treaties with tribes) are the two most obvious examples.
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NYDem
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« Reply #2 on: June 24, 2022, 10:11:56 PM »

Korematsu was not unanimous; there were three dissents.

Unsurprisingly, the Court’s Indian law jurisprudence is replete with this kind of case. Johnson v. M‘Intosh (Indians do not “own” land they occupy) and Lone Wolf v. Hitchcock (Congress can unilaterally break treaties with tribes) are the two most obvious examples.

For some reason I remembered Korematsu as being unanimous. Good catch.
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MarkD
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« Reply #3 on: June 25, 2022, 12:59:19 AM »
« Edited: June 25, 2022, 11:40:05 AM by MarkD »

It's hard to pick one as the worst, but one case that does spring to mind is Allgeyer v. Louisiana. This terrible decision (as a matter of constitutional interpretation) was the precursor to the Lochner era. The absolutely awful opinion includes a circular argument at the crux of its decision.

Quote
As so construed, we think the statute is a violation of the Fourteenth Amendment of the federal Constitution in that it deprives the defendants of their liberty without due process of law. The statute which forbids such act does not become due process of law, because it is inconsistent with the provisions of the Constitution of the Union. The "liberty" mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties, to be free to use them in all lawful ways, to live and work where he will, to earn his livelihood by any lawful calling, to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned. ...
To deprive the citizen of such a right as herein described without due process of law is illegal. Such a statute as this in question is not due process of law, because it prohibits an act which under the federal Constitution the defendants had a right to perform.

The italicized part is the circular argument; what makes it circular is the fact that the due process clause was the only provision in the Constitution the Court invoked.

Another infuriating aspect of the Court's opinion is the huge amount of ambiguity behind how much legislative power the Court would allow state legislatures to exercise: "... we do not intend to hold that in no such case can the state exercise its police power. When and how far such power may be legitimately exercised with regard to these subjects must be left for determination to each case as it arises." So no state legislature can know whether the powers it tries to exercise might be, or might not be, acceptable to the Court.


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politicallefty
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« Reply #4 on: June 25, 2022, 01:26:37 AM »

Off the top of my head, I would say Schenck v. United States and Pace v. Alabama. I can't say I'm a fan of Washington v. Glucksberg either, but I wouldn't rank as one of the worst.
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World politics is up Schmitt creek
Nathan
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« Reply #5 on: June 25, 2022, 01:32:03 AM »

Off the top of my head, I would say Schenck v. United States and Pace v. Alabama. I can't say I'm a fan of Washington v. Glucksberg either, but I wouldn't rank as one of the worst.

I was just about to mention Pace.
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Del Tachi
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« Reply #6 on: June 25, 2022, 11:56:38 AM »

Whren v. United States was the one I immediately thought of.
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Donerail
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« Reply #7 on: June 25, 2022, 01:57:44 PM »

Korematsu was not unanimous; there were three dissents.

Unsurprisingly, the Court’s Indian law jurisprudence is replete with this kind of case. Johnson v. M‘Intosh (Indians do not “own” land they occupy) and Lone Wolf v. Hitchcock (Congress can unilaterally break treaties with tribes) are the two most obvious examples.

For some reason I remembered Korematsu as being unanimous. Good catch.
You were probably thinking of Hirabayashi, which unanimously upheld curfews imposed on Japanese-Americans a year prior to the Korematsu decision
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