I do not think it is any secret that I am a close watcher of the Supreme Court and student of that body. The recent oral arguments over Obamacare have certainly shined a spotlight on the Court and that is a good thing. With a Presidential election looming along with 33 Senate seats and all House seats this November, obviously the focus of attention is on these races. However, the Supreme Court plays a vital role in our constitutional government.
Over the course of my tenure here at Redstate, I am encouraged by the dialogue regarding Supreme Court jurisprudence and cases- real and hypothetical. Realizing that this is a right-of-center website, I would like to know what decisions readers here consider the worst and the best Supreme Court decisions in history. Naturally, Roe v. Wade would likely be at the top of everyone’s list and understandably so. I have, on occasion, written that the decision is a great thesis on the history of abortion, but pretty devoid of constitutional/legal scholarship. In fact, i think I have stated that Brennan’s concurrence makes greater constitutional sense than Blackmun’s actual opinion.
But, there are other Supreme Court cases out there that readers here must have taken issue with over the years, or even cases from before our time here on earth that readers are aware of. For example, I have heard, in other contexts, that many take issue with the Kelo decision regarding eminent domain. Conversely, cases like Wickard v. Fillburn, decided before many readers here were born, are well-known and equally disliked.
If readers can kindly respond with a short list of five decisions they like and five they dislike, it would be greatly appreciated. If it is Roe, then great- list it even if everyone else is.