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By Bill Altreuter

Worst Supreme Court decisions. Bush v. Gore is pretty bad for a number of reasons, starting with its outcome and all that flowed from it. What makes it really bad is that it is so clearly an outcome-determinative set of opinions. The justices would never have taken those positions, on both sides, if the dispute had been over anything else, and that's pretty disgraceful. Bowers v. Hardwick is bad too, because it really turned on bigotry rather than on existing jurisprudence. I'd go with Dred Scott and Plessy vs. Ferguson myself. In a funny way it is a tribute to our legal system that the damage caused when the Supreme Court screws up is so profound. And I think it is worth noting that the courts in general seem to mostly get it right.

Full post as published by Outside Counsel on October 23, 2008 (boomark / email).