Under that doctrine, it is necessary for Congress to include a clear statement in the law that it intended to delegate authority to regulate a fundamental sector of the economy. It used an entirely made-up test, the so-called “ major questions doctrine.” In the EPA case, the Court limited agencies’ regulatory authority and set the stage for future attacks on the post-New Deal administrative state. Surprisingly even the Heritage Foundation recognized that Justice Clarence Thomas’s decision in the New York gun case (that the text of the Second Amendment protects the right to carry handguns in public for self-defense) rejected the use of “the prevailing framework for evaluating Second Amendment claims.” Instead, the Court held that “the government must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.” They include two Supreme Court decisions, New York State Rifle & Pistol Association v. While Dobbs is my choice as law’s worst moment of the year, there were others that I seriously considered for this dubious recognition. But surprising or not, it is still important to name the damage it did to countless millions of people and to the Court itself. Click here to see what they thought the best decisions were.The envelope please: the award for American law’s worst moment of 2022 goes to the United States Supreme Court for its decision in Dobbs v Jackson Women’s Health Organization.īecause law’s infamous rulings generally do not fly below the radar, it is hardly a surprise to name Dobbs, which has already been subject to withering criticism. Here’s a sampling of the opinions generated when we asked court-watchers to put the worst decisions of the past 55 years on the scales. Wade (1973) appeared on the lists of both the best and worst decisions. It’s no surprise that the ever-controversial decision in Roe v. Bush’s winning the presidential election. Federal Election Commission (2010), which removed campaign-spending limits on corporations and unions, as well as Bush v. On the negative side, many professors were critical of Citizens United v. Hodges, the 2015 same-sex-marriage ruling. Sims (1964), which established the one-person, one-vote concept in legislative apportionment and Obergefell v. Sullivan (1964), which protected freedom of the press in the realm of political reporting and libel Baker v. ![]() Virginia (1967), which found restrictions on interracial marriage unconstitutional New York Times Co. Decisions that were often mentioned included Loving v. Our respondents were asked either to reply to our invitation anonymously or to share their thoughts for attribution in these pages.Īmong the decisions repeatedly praised by the law-school professors were those that championed civil and individual liberties, as well as those that made democracy more participatory. We sent our admittedly unscientific survey invitation to more than 50 such scholars and garnered 34 responses. As this book was being prepared, TIME reached out by email to a number of leading law professors and asked them to identify their choices for the best and worst Supreme Court decisions since 1960. But that doesn’t mean that the court’s decisions aren’t regularly critiqued by hundreds of constitutional law professors nationwide. For one thing, the nine justices on the Supreme Court never have to worry that their verdicts might be reversed by a higher court-there isn’t one. ![]() Īh, the glorious life of a Supreme being. Excerpted from the TIME special edition The Supreme Court: Decisions That Changed America.
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