Essay:25 Worst Court Decisions

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The vast majority of the "25 Worst Court Decisions" involved some deception, impropriety or inadequate scholarship, as discussed in the footnotes. (All decisions are by the U.S. Supreme Court except where noted; rulings overturned by the court system are not included.)

At least 5 out of these 25 worse decisions, or 20%, were urged by the ACLU,[1] as noted below.

  2. Wickard v. Filburn (1942) (granted Congress power to prohibit growing wheat on your own land) and turned the Commerce Clause on its head.[2]
  3. Dred Scott v. Sanford (1857) (authorized slavery & denied citizenship to blacks)[3]
  6. Buck v. Bell (1927) (approved of forced sterilization of low-IQ women)[4]
  7. Plyler v. Doe (1982) (mandated that all illegal immigrants be given free education in public schools)
  9. Roper v. Simmons (2005) (cited foreign law to prohibit the death penalty for crimes committed by 17-year-olds)
  10. Kelo v. City of New London (2005) (expanded eminent domain)
  12. Romer v. Evans (1996) (holding unconstitutional a Colorado referendum prohibiting special laws favoring homosexuals)
  14. Stone v. Graham (1980) (banned the Ten Commandments from display in public school)[5]
  17. Baker v. Carr (1962) (one man one vote)
  18. Cooper v. Aaron (1958) (judicial supremacy)
  19. Missouri v. Jenkins (1985) (upheld 1990) (ordered tax increase for school)
  20. Montoy v. Kansas (Kan. Sup. Ct. 2005) (ordered tax increase for school)
  22. United States v. Callender (upheld the Sedition Act)
  24. Block v. Hirsh (1921) (declared rent control to be constitutional despite deprivation of rights of property owners)
  25. U.S. Term Limits v. Thornton (1995) (by a 5-4 vote, the Court declared it unconstitutional for states to limit terms for their congressmen)

References

  1. ↑ http://www.lectlaw.com/files/cur59.htm
  2. ↑ http://www.law.cornell.edu/supct/html/historics/USSC_CR_0317_0111_ZS.html
  3. ↑ The Court far exceeded the controversy before it in its ruling. President James Buchanan reportedly had sought this decision privately with the Court, and the decision was rendered two days after his inauguration.
  4. ↑ The case was based on a fraudulent claim that the woman was mentally retarded.
  5. ↑ The Court issued a 5-4 unsigned (per curiam) decision without hearing argument on the merits of the case. This was an ACLU case.
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