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 29796 times)
SteveRogers
duncan298
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« on: September 22, 2015, 06:26:16 PM »

Being gay is a choice and not an intrinsic difference.

[Citation Needed]

Anyway,

Korematsu v. U.S.
Hans v. Louisiana
California Democratic Party v. Jones
Shelby County v. Holder

(If I'm understanding this right, Dredd Scott and Plessy are off the table because they're no longer good law. So the question is not, "what case would we change if we could go back in time and alter the outcome," right?)
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SteveRogers
duncan298
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Political Matrix
E: -3.87, S: -5.04

« Reply #1 on: September 23, 2015, 11:25:55 PM »


Hans v. Louisiana
California Democratic Party v. Jones

Interesting, unusual choices.

Hans v. Louisiana because I think the history of the 11th amendment and the whole concept of state sovereign immunity is silly to begin with, and Hans set off a line of cases that expanded sovereign immunity in a way that makes nonsense of the text of the 11th amendment.

California Democratic Party v. Jones because... ok I'll admit, I couldn't think of another landmark case off the top of my head, so I went with a wonky topic that I recently came across in some research I'm doing. But I do think that in that case the Court overstepped its bounds in limiting states' ability to experiment with different electoral systems, and the ruling forces states to give greater recognition and special protection to political parties than I'm generally comfortable with.
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SteveRogers
duncan298
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Political Matrix
E: -3.87, S: -5.04

« Reply #2 on: May 26, 2017, 02:54:28 PM »

Surprised nobody brought up U.S. Term Limits v. Thornton


Probably because that case was obviously rightly decided and even most supporters of congressional term limits recognize that that requires a Constitutional Amendment.
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