Thursday, October 2, 2008

Supreme Court decisions I disagree with

Evidently Katie Couric asked Sarah Palin to name some Supreme Court decisions she disagreed with. I'm not sure what the legitimate point of such a question would be. Is it really necessary to state one's disagreement with the Dred Scott decision?

Just for fun, I'll pretend that question was asked of me in a television interview setting. I would name Dred Scott, Plessy v. Ferguson, and the Japanese-American internment decision (Koramutsu, I think?). I'd probably not mention Brown v. Board of Education since my disagreement would be with the rationale of the decision, not the result. I'd probably not mention Miranda or Gideon only because I wouldn't trust the interviewer to allow me to explain my disagreement with those kinds of cases. I would mention Roe v. Wade. I would mention Kelo (the fairly recent eminent domain case).

Given a lot more time to think about it, I might come up with a few more bad decisions that I could actually name (as opposed to describe). However, as the list stands, I could only come up with five that I would definitely have mentioned, and two of those (Dred Scott and Roe) are pretty obvious.

Five decisions.

It's worth mentioning at this point that I have studied Constitutional law.

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