Supreme Court Decisions
The Worst Supreme 10Court Decisions By M. Kelly Tillery n April 9, 2010, just 11 days before his 90th birthday, U.S. Supreme Court Justice John Paul Stevens gave notice of his O retirement which will allow President Obama to appoint a second Supreme Court Justice less than two years into his first term. The nominee, Solicitor General Elena Kagan, will certainly endure lengthy, probing and sometimes inane examination in Senate confirmation hearings. Since nominees are often asked about past Supreme Court decisions and, if confirmed, will be asked to wrestle with monumental legal issues, perhaps an examination of how previous Supreme Court justices sometimes got it so wrong and did so much damage might be valuable for all. Only111humanbeingshaveservedonthenation’shighest U.S.113(1973)[legalizationofabortion]orKelo v. City of courtsinceitscreationonSept.24,1789bythefirstJudiciary New London545U.S.469(2005)[eminentdomaintakingfor Act.One-hundrednine(98percent)ofthoseunelectedjurists privatedeveloper].Afterselectionbaseduponthesecriteria have been white, only twoAfrican-American.All men (97 of my own design, I discovered, somewhat to my surprise, percent),exceptthreewomen. AllChristian(93.6percent), an interesting and disturbing common theme. Each one, as exceptsevenJews. shallbeseen,involvedtheshameful,disdainfultreatmentby From its first case, the uneventful and purely procedural thepowerfulofminoritiesandtheirrights.Andineach,the West v. Barnes,2U.S.401(1791),toitsmostrecentproviding courtsidedwiththepowerful,consigningtheminorityoften FirstAmendmentprotectionfor“crushvideos”(ifyouhave
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