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In your opinion, what's the worst supreme court decision ever made?

Posted on 7/23/19 at 8:21 am
Posted by F73ME
SE LA
Member since May 2018
855 posts
Posted on 7/23/19 at 8:21 am
My vote is Wickard v Filburn, but I'm looking to educate myself on other horrible decisions.

ETA:
Summary: Dramatically expanded power of the commerce clause of fed. government. Centered around a farmer being penalized for growing too much wheat due to restrictions/regs. at the time, even though he was using all the wheat as feedstock for his own animals on his own farm.
This post was edited on 7/23/19 at 8:30 am
Posted by fjlee90
Baton Rouge
Member since Nov 2016
7829 posts
Posted on 7/23/19 at 8:23 am to
ACA
Posted by CelticDog
Member since Apr 2015
42867 posts
Posted on 7/23/19 at 8:23 am to
Citizens United
5-4

Companies can contribute to and effectively buy federal elections as if a person because legal fiction that companies are persons for other purposes.
This post was edited on 7/23/19 at 8:24 am
Posted by sotex
Member since Oct 2018
207 posts
Posted on 7/23/19 at 8:24 am to
Roe v. Wade.
Posted by F73ME
SE LA
Member since May 2018
855 posts
Posted on 7/23/19 at 8:24 am to
Doesn't the individual limit on campaign contributions also apply to companies though?
Posted by CelticDog
Member since Apr 2015
42867 posts
Posted on 7/23/19 at 8:25 am to
quote:

ACA


that was funny though.

Posted by bamarep
Member since Nov 2013
51788 posts
Posted on 7/23/19 at 8:25 am to
R v W and Citizens United are close.
Posted by Carl Kolchak
Chicago
Member since Jan 2019
254 posts
Posted on 7/23/19 at 8:26 am to
Plessy v. Ferguson
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48285 posts
Posted on 7/23/19 at 8:26 am to
quote:

Citizens United
5-4

Companies can contribute to and effectively buy federal elections as if a person because legal fiction that companies are persons for other purposes.


Clearly you never read the Citizens United decision.

The only people who hate Citizens United never read the actual decision and rely on the media’s vapid and inaccurate summary.



Posted by CelticDog
Member since Apr 2015
42867 posts
Posted on 7/23/19 at 8:27 am to
quote:

Doesn't the individual limit on campaign contributions also apply to companies though?


pacs
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98282 posts
Posted on 7/23/19 at 8:28 am to
Marbury v. Madison

Gave us judicial review and set the stage for the SCOTUS to exercise WAY more power than ever intended.
Posted by ShermanTxTiger
Broussard, La
Member since Oct 2007
10835 posts
Posted on 7/23/19 at 8:29 am to
quote:

companies are persons for other purposes.


They are born, taxed, can be sued and die. They are created as legal beings like it or not. Want to fix C.U.? Do away with the creation of corporations as we are doing. I have no problem with that.

I am more upset with people voting that don't pay taxes and want more stuff. That bothers me more than C.U.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48285 posts
Posted on 7/23/19 at 8:29 am to
quote:

Plessy v. Ferguson


Depends if you are looking at the decision in a vacuum or the decision in ultimate effect.

You could argue Plessy and Dred Scott but both bad decision led to very positive government action eventually.

The same can’t be said for Wickard and Kelo.
Posted by ShermanTxTiger
Broussard, La
Member since Oct 2007
10835 posts
Posted on 7/23/19 at 8:30 am to
quote:

ACA


Worse than Roe and that's bad. Roberts will go down in history unfavorably for this.
Posted by Wednesday
Member since Aug 2017
15379 posts
Posted on 7/23/19 at 8:30 am to
quote:

ACA


Agreement. My God John Roberts is a disappointment. Stupid Bush Uniparty Sellout.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48285 posts
Posted on 7/23/19 at 8:31 am to
quote:

Marbury v. Madison

Gave us judicial review and set the stage for the SCOTUS to exercise WAY more power than ever intended.


That’s simply not true when you look at the history of the formation of the government and the way judicial review was already being practiced at the time of the decision.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67511 posts
Posted on 7/23/19 at 8:33 am to
I'm with you in Wickard.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98282 posts
Posted on 7/23/19 at 8:33 am to
quote:

That’s simply not true when you look at the history of the formation of the government and the way judicial review was already being practiced at the time of the decision.


Respectfully, I disagree. Look at the The Federalist Papers. The judicial branch was intended to be the weakest branch. It certainly was not intended to the the ultimate and final authority as to what is, and isn't constitutional.
Posted by FearlessFreep
Baja Alabama
Member since Nov 2009
17256 posts
Posted on 7/23/19 at 8:33 am to
quote:

Wickard v Filburn
Hard to believe that was a 9-0 decision

Worst since Wickard, for my money, is Griggs v Duke Power, which foisted "disparate impact" onto an unsuspecting public.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48285 posts
Posted on 7/23/19 at 8:34 am to
quote:

Do away with the creation of corporations as we are doing. I have no problem with that.


Juridical personhood has been around since Justintine. It would be an economical and social disaster to do away with it. In fact, it’s probably one of the fundamental social constructs responsible for the success of Western Civilization.
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