Wednesday, December 03, 2003
Berlin Blog points us to Mr. Poon's question, if you could remove one Supreme Court case from the books, which would it be? I'm thinking. My first impulse was Korematsu, but although I hate it, its implications aren't as devastating as all that. Bush v. Gore, of course, bad law, badly decided, with consequences for the nation that we will not be able to calculate for a generation. I wish that some cases had been decided better, or on different grounds-- how much better would Roe be if Blackmun had just said, "This is the sort of thing that Griswold covers. Privacy trumps. Next case." But that's not the way we are playing the game-- it has to be take it off the books, not re-write it. I'll check back in on this one, I think....
// posted by Bill @ 9:03 AM 
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