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Posted on 10/1/20 at 8:00 pm to Qazy
Loving vs Virginia
Posted on 10/1/20 at 8:34 pm to Qazy
So many bad decisions...
Wickard
Roe
Griswold
My sleeper is Plyler v. Doe.
Required teaching illegals in public schools and a footnote created the anchor baby issue.
Wickard
Roe
Griswold
My sleeper is Plyler v. Doe.
Required teaching illegals in public schools and a footnote created the anchor baby issue.
Posted on 10/1/20 at 8:52 pm to udtiger
For me it's Korematsu, Plessy and Kelo.
With Plessy, the one dissent was the southern guy from Kentucky who made his argument along Libertarian lines. Something I wifh folks remember when discrimnation comes up (cough CRA 1964 cough).
With Plessy, the one dissent was the southern guy from Kentucky who made his argument along Libertarian lines. Something I wifh folks remember when discrimnation comes up (cough CRA 1964 cough).
Posted on 10/1/20 at 9:04 pm to Qazy
Wickard v. Filburn is one of the worst ever.
Carroll v. US is also a disturbing decision that eviscerates the fourth amendment. Slippery slope after that decision
Carroll v. US is also a disturbing decision that eviscerates the fourth amendment. Slippery slope after that decision
Posted on 10/1/20 at 9:06 pm to Qazy
Wickard
Korematsu
Korematsu
Posted on 10/1/20 at 9:23 pm to LSURussian
quote:
Dred Scott was based on existing constitutional recognition of slavery.
No it wasn't. As it applied to slaves and non-slaves alike, provided they were black.
quote:
The only way the Dred Scott decision could have gone the other way was to declare the slavery part of the constitution unconstitutional.
This is obviously wrong, but I'm curious how you even come to this conclusion.
quote:
Plessy created blacks as legally second class citizens
Dred Scott literally codified black people as ineligible for citizenship altogether. Second class citizenship would represent a vast step up.
Posted on 10/1/20 at 9:42 pm to Qazy
Best Dissent:
Morrison v. Olson
Regarding Independent Counsel Investigations
This might be Scalia's finest writing... He is Damn near Nostradamus.
With everything that has happened over the past 4 years with the "Russia Investigation." If you haven't read this dissent, or don't remember it, read it again (108 S.Ct. 2597).
Example quotes from Scalia's Dissent:
"An independent counsel is selected, and the scope of his or her authority prescribed, by a panel of judges. What if they are politically partisan, as judges have been known to be, and select a prosecutor antagonistic to the administration, or even to the particular individual who has been selected for this special treatment? There is no remedy for that, not even a political one."
"The independent counsel thus selected proceeds to assemble a staff. As I observed earlier, in the nature of things this has to be done by finding lawyers who are willing to lay aside their current careers for an indeterminate amount of time, to take on a job that has no prospect of permanence and little prospect for promotion"
"judges hostile to the administration, the independent counsel an old foe of the President, the staff refugees from the recently defeated administration—there would be no one accountable to the public to whom the blame could be assigned."
Morrison v. Olson
Regarding Independent Counsel Investigations
This might be Scalia's finest writing... He is Damn near Nostradamus.
With everything that has happened over the past 4 years with the "Russia Investigation." If you haven't read this dissent, or don't remember it, read it again (108 S.Ct. 2597).
Example quotes from Scalia's Dissent:
"An independent counsel is selected, and the scope of his or her authority prescribed, by a panel of judges. What if they are politically partisan, as judges have been known to be, and select a prosecutor antagonistic to the administration, or even to the particular individual who has been selected for this special treatment? There is no remedy for that, not even a political one."
"The independent counsel thus selected proceeds to assemble a staff. As I observed earlier, in the nature of things this has to be done by finding lawyers who are willing to lay aside their current careers for an indeterminate amount of time, to take on a job that has no prospect of permanence and little prospect for promotion"
"judges hostile to the administration, the independent counsel an old foe of the President, the staff refugees from the recently defeated administration—there would be no one accountable to the public to whom the blame could be assigned."
Posted on 10/1/20 at 9:50 pm to Qazy
Dred Scott and Korematsu are worst.
Wickard and Kehlo are awful for different reasons.
Wickard and Kehlo are awful for different reasons.
This post was edited on 10/1/20 at 9:52 pm
Posted on 10/1/20 at 9:53 pm to DthVllyDud
There’s a great YouTube video on it by federalist society. I would pay good money for the entire recording of Scalia dissent.
Posted on 10/1/20 at 10:00 pm to MintBerry Crunch
The Wickard Aggregate reasoning is the ultimate in BS.
And then we have Gonzales v. Raich for a little more aggregate BS.
And then we have Gonzales v. Raich for a little more aggregate BS.
Posted on 10/1/20 at 10:36 pm to diddyMax
quote:You're part asswipe and part jackass.
Best in recent memory was for Satan to drag Ruth Bader Ginsburg down to hell
Posted on 10/1/20 at 11:49 pm to Qazy
Roe v Wade is pretty shitty. Literally makes stuff up out of thin air and is used even in liberal law schools as an example of judicial overreach and legislating from the bench
This post was edited on 10/1/20 at 11:50 pm
Posted on 10/1/20 at 11:57 pm to DthVllyDud
quote:
This might be Scalia's finest writing... He is Damn near Nostradamus.
Read his dissent in US vs Windsor; he was better than Nostradamus.
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