If you could change 4 Supreme Court cases what would you change (user search)
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  If you could change 4 Supreme Court cases what would you change (search mode)
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Author Topic: If you could change 4 Supreme Court cases what would you change  (Read 29431 times)
The_Doctor
SilentCal1924
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Posts: 3,272


« on: May 18, 2017, 10:51:39 PM »

Not taking into account all decisions that have been overturned or functionally are overturned:

1. Planned Parenthood v. Casey (1992). Abortion law that upheld Roe but narrowed the scope; I'd have tossed out Roe entirely and established a right to life.

2. New Kelo v. London (2005). Eminent domain law; Kennedy decided it 5-4. It has never been stricken, as a result. I think eminent domain should be a highly circumscribed power.

3. Helvering v. Davis (1937). This one upheld Social Security, so I'm not too happy about it. It was part of the rulings that set off the Constitution in Exile. I contend this one seriously overstepped the general welfare clause to the breaking point and was a highly political decision. Not that the Court ruled wrong given how it's supposed to operate as a political actor but I would have preferred a different outcome. 
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