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In reply to the discussion: Worst Supreme Court decision of all time [View all]Bucky
(54,314 posts)12. I think Korematsu was more of a stand-out decision
Dred Scott was just one in a series of decisions, by SCOTUS and by other political bodies, validating and enshrining slavery. All perpetuated that evil. What Dred Scott decided went on to be validated by legislation (Fugitive Slave Act) that probably would have been passed, regardless of how that one case turned.
A reverse decision in Korematsu would have eliminated a unique act of villainy that was sullying an important principle that America was fighting for in that very same war. A ruling for the plaintiff in Korematsu could have laid groundwork for ending Jim Crowism a generation earlier than what historry provided for.
Based on relative impact, Korematsu is the more important case and thus the bigger fuckup.
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The court's analysis of the Equal Protection clause was completely disingenuous
The Velveteen Ocelot
Mar 2015
#7
How can you not have Bush vs Gore on there? That was the end of impartiality on the bench
Rex
Mar 2015
#14
With Dred Scott you could argue they didn't know any better. With Bush V Gore they knew better & did
uponit7771
Mar 2015
#17
It was actually the way the head note was written for this decision and used as precedent...
cascadiance
Mar 2015
#24
Yep, it is an entire scam, total bullshit. Very maddening. The only reservation I
NoJusticeNoPeace
Mar 2015
#34
I cannot believe people think a stolen election is worse than stolen freedom and lives for millions.
bravenak
Mar 2015
#22
to me that is worse than Dred Scott. During Dred Scott slavery was still legal
geek tragedy
Mar 2015
#26
For me it will always be Dred Scott. Bush v Gore just affirmed ineqaulity for this century.
freshwest
Mar 2015
#100
I guess the moral of the story is that the Supreme Court really matters
The Velveteen Ocelot
Mar 2015
#39
If it weren't for the 13th Amendment he'd probably figure out a way
The Velveteen Ocelot
Mar 2015
#43
Everytime I think about him I think about his predessor. It was a sad day in America when Thomas was
bravenak
Mar 2015
#64
I see your point. I'm changing to say that I have three worst that are worst for different reasons.
stevenleser
Mar 2015
#49
"Persons of African descent cannot be, nor were ever intended to be, citizens under the U.S. Const."
Nye Bevan
Mar 2015
#30
Dred Scott, like Bush v. Gore, was a political decision rather than a legal one
The Velveteen Ocelot
Mar 2015
#36
Marbury is the main protection we have against overreach by the legislative branch.
The Velveteen Ocelot
Mar 2015
#53
Blah, blah, blah. Jefferson doesn't explain how to prevent the legislature
The Velveteen Ocelot
Mar 2015
#85
As Jefferson says in a nutshell, that's what elections are for. Vote the treasoners out.
Dont call me Shirley
Mar 2015
#86
I'm going to stick with Thomas Jefferson and Thom Hartmann on this one
Dont call me Shirley
Mar 2015
#62
A whole slew of cases undermined the 13th and 14th amendments in the late 19th/early 20th century.
Donald Ian Rankin
Mar 2015
#89