Opinion: The Supreme Court’s Worst Decision of My Tenure - PressFrom - US
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OpinionThe Supreme Court’s Worst Decision of My Tenure

20:15  14 may  2019
20:15  14 may  2019 Source:   theatlantic.com

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The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U. S . Constitution in 1789

The Supreme Court is going to have a full docket this year. With everything from the controversial Defense Of Marriage Act (DOMA) to race conscious Let’ s look back at some of the worst decisions in history, and hope the nation’ s highest court can avoid repeating these devastating blows to justice.

The Supreme Court’s Worst Decision of My Tenure© Associated Press

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

District of Columbia v. Heller, which recognized an individual right to possess a firearm under the Constitution, is unquestionably the most clearly incorrect decision that the Supreme Court announced during my tenure on the bench.

The text of the Second Amendment unambiguously explains its purpose: “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” When it was adopted, the country was concerned that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several states.

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Ask Supreme Court scholars about their least favorite justice, and Check any list of worst decisions and you'll find Dred Scott v. Sandford at the top of the list. Speaking of short, Wikipedia notes that at 4 feet 5 inches, Moore was the shortest justice ever, which is the only notable thing about his tenure .

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The Supreme Court’s Worst Decision of My Tenure© Provided by Atlantic Media, Inc. This article was adapted from The Making of a Justice: Reflections on My First 94 Years , by John Paul Stevens.

Throughout most of American history there was no federal objection to laws regulating the civilian use of firearms. When I joined the Supreme Court in 1975, both state and federal judges accepted the Court’s unanimous decision in United States v.Miller as having established that the Second Amendment’s protection of the right to bear arms was possessed only by members of the militia and applied only to weapons used by the militia. In that case, the Court upheld the indictment of a man who possessed a short-barreled shotgun, writing, “In the absence of any evidence that the possession or use of a ‘shotgun having a barrel of less than eighteen inches in length’ has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.”

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In Lucas the Supreme Court held that a land use law preventing the owner of beachfront lots from building homes on those lots amounted to a “taking” Obergefell is at least the worst Supreme Court decision in forty-two years (since Roe), and it may be the worst decision in nearly 150 years (since

The former Supreme Court justice, 99, spoke to TIME about his new memoir and one particular decision whose impacts are deeply felt today. As history has demonstrated in recent years, the tragedies are multiplying one after another. And the decision of the court in Heller has contributed to

Colonial history contains many examples of firearm regulations in urban areas that imposed obstacles to their use for protection of the home. Boston, Philadelphia, and New York—the three largest cities in America at that time—all imposed restrictions on the firing of guns in the city limits. Boston enacted a law in 1746 prohibiting the “discharge” of any gun or pistol that was later revived in 1778; Philadelphia prohibited firing a gun or setting off fireworks without a governor’s special license; and New York banned the firing of guns for three days surrounding New Year’s Day. Those and other cities also regulated the storage of gunpowder. Boston’s gunpowder law imposed a 10-pound fine on any person who took any loaded firearm into any dwelling house or barn within the town. Most, if not all, of those regulations would violate the Second Amendment as it was construed in the 5–4 decision that Justice Antonin Scalia announced in Heller on June 26, 2008.

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Excerpted from the TIME special edition The Supreme Court : Decisions That Changed America. 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.

The Supreme Court , under John Marshall, ruled that the Bill of Rights applied only to the Federal government, despite the fact there is no such restriction in the Constitution. This is regarded by many as the worst decision of U. S . Supreme court in its history. The Dred Scott vs Sanford case.

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Until Heller, the invalidity of Second Amendment–based objections to firearms regulations had been uncontroversial. The first two federal laws directly restricting the civilian use and possession of firearms—the 1927 act prohibiting mail delivery of handguns and the 1934 act prohibiting the possession of sawed-off shotguns and machine guns—were enacted over minor Second Amendment objections that were dismissed by the vast majority of legislators participating in the debates. After reviewing many of the same sources that are discussed at greater length by Scalia in his majority opinion in Heller, the Miller Court unanimously concluded that the Second Amendment did not apply to the possession of a firearm that did not have “some relationship to the preservation or efficiency of a well regulated militia.” And in 1980, in a footnote to an opinion upholding a conviction for receipt of a firearm, the Court effectively affirmed Miller, writing: “[T]he Second Amendment guarantees no right to keep and bear a firearm that does not have ‘some reasonable relationship to the preservation or efficiency of a well regulated militia.’”

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The Judicial Branch is a history of the Supreme Court of the United States, organized by Chief Justice. The Supreme Court of the United States is the only court specifically established by the Constitution of the United States, implemented in 1789; under the Judiciary Act of 1789

What makes a Supreme Court decision bad ? And what are the worst precedents handed down by our highest court ? I’ve been thinking about this a lot recently, and here are my nominees for the worst SCOTUS opinions to date. The standard I'm using for “ worst ” is three-fold: First, the holding of the

So well settled was the issue that, speaking on the PBS NewsHour in 1991, the retired Chief Justice Warren Burger described the National Rifle Association’s lobbying in support of an expansive interpretation of the Second Amendment in these terms: “One of the greatest pieces of fraud, I repeat the word fraud, on the American public by special-interest groups that I have ever seen in my lifetime.”

Even if the lobbyists who oppose gun-control regulation actually do endorse the dubious proposition that the Second Amendment was intended to limit the federal power to regulate the civilian use of handguns—that Burger incorrectly accused them of “fraud”—I find it incredible that policy makers in a democratic society have failed to impose more effective regulations on the ownership and use of firearms than they have.

And even if there were some merit to the legal arguments advanced in the Heller case, all could foresee the negative consequences of the decision, which should have provided my colleagues with the justification needed to apply stare decisis to Miller. At a minimum, it should have given them greater pause before announcing such a radical change in the law that would greatly tie the hands of state and national lawmakers endeavoring to find solutions to the gun problem in America. Their twin failure—first, the misreading of the intended meaning of the Second Amendment, and second, the failure to respect settled precedent—represents the worst self-inflicted wound in the Court’s history.

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The Senate hearings on the nomination of John Roberts to the Supreme Court , began on September 12, 2005, with U. S . Senators posing questions to Roberts, who was nominated by President George W. Bush to fill the vacancy of Chief Justice of the United States.

The three Supreme Court [in]justices that I pick as the worst in United States history each placed But Taney earned his spot on the worst list because of his majority opinion written for the Dred Scott He criticized the Court ' s decision recognizing same-sex marriage because "To allow the policy

It also represents my greatest disappointment as a member of the Court. After the oral argument and despite the narrow vote at our conference about the case, I continued to think it possible to persuade either Justice Anthony Kennedy or Justice Clarence Thomas to change his vote. During the drafting process, I had frequent conversations with Kennedy, as well as occasional discussions with Thomas, about historical issues, because I thought each of them had an open mind about the case. In those discussions—particularly those with Kennedy—I now realize that I failed to emphasize sufficiently the human aspects of the issue as providing unanswerable support for the stare decisis argument for affirmance. After all, Kennedy had been one of the three decisive votes that had saved Roe v. Wade from being overruled in Planned Parenthood v.Casey.

Before the argument, I had decided that stare decisis provided a correct and sufficient basis for upholding the challenged gun regulation, but I nonetheless asked my especially competent law clerk, Kate Shaw, to make a thorough study of the merits of the argument that an independent review of the historical materials would lead to the same result. I wanted that specific study to help me decide which argument to feature in my dissent, which I planned to complete and circulate before Scalia completed his opinion for the majority. Shaw convinced me that Miller had been correctly decided; accordingly, I decided to feature both arguments in my dissent, which we were able to circulate on April 28, 2008, five weeks before Scalia circulated the majority opinion on June 2, 2008. In the cover memorandum for my probable dissent, I wrote:

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The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Supreme Court of the United States are governed by the U. S . Constitution, various federal statutes, and the Court ' s own internal rules.

The enclosed memorandum explains the basis for my firm belief that the Second Amendment does not impose any limit whatsoever on the power of the federal government to regulate the non-military use or possession of firearms. I have decided to take the unusual step of circulating the initial draft of a probable dissent before [Scalia] circulates his majority because I fear the members of the majority have not yet adequately considered the unusual importance of their decision.

While I think a fair reading of history provides overwhelming support for Warren Burger’s view of the merits, even if we assume that the present majority is correct, I submit that they have not given adequate consideration to the certain impact of their proposed decision on this Court’s role in preserving the rule of law. We have profound differences over our role in areas of the law such as the Eighth Amendment and substantive due process, but I believe we all agree that there are areas of policy-making in which judges have a special obligation to let the democratic process run the show …

What has happened that could possibly justify such a massive change in the law? The text of the amendment has not changed. The history leading up to the adoption of the amendment has not changed … There has been a change in the views of some law professors, but I assume there are also some professors out there who think Congress does not have the authority to authorize a national bank, or to regulate small firms engaged in the production of goods for sale in other states, or to enact a graduated income tax. In my judgment, none of the arguments advanced by respondents or their numerous amici justify judicial entry into a quintessential area of policy-making in which there is no special need or justification for judicial supervision.

Supreme Court sides with Wyoming hunter as Gorsuch joins liberals

Supreme Court sides with Wyoming hunter as Gorsuch joins liberals The Supreme Court on Monday sided with a Wyoming hunter charged with off-season hunting, ruling 5-4 that a 150-year-old treaty between a Native American tribe and the western state was still active and protected the man's rights.Clayvin Herrera was charged in 2014 with off-season hunting, but he argued that an 1868 treaty between Wyoming and the Crow Tribe protected his ability to hunt at that time. Wyoming had argued that the treaty was invalidated when it achieved statehood and lower courts agreed, leading to Herrera's conviction on the hunting charge.

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This is not a case in which either side of the policy debate can be characterized as an “insular minority” in need of special protection from the judiciary. On the contrary, there is a special risk that the action of the judiciary will be perceived as the product of policy arguments advanced by an unusually powerful political force. Because there is still time to avoid a serious and totally unnecessary self-inflicted wound, I urge each of the members of the majority to give careful consideration to the impact of this decision on the future of this institution when weighing the strength of the arguments I have set forth in what I hope will not be a dissent.

In the end, of course, beating Scalia to the punch did not change the result, but I do think it forced him to significantly revise his opinion to respond to the points I raised in my dissent. And although I failed to persuade Kennedy to change his vote, I think our talks may have contributed to his insisting on some important changes before signing on to the Court’s opinion.

That’s cold comfort. I have written in other contexts that an amendment to the Constitution to overrule Heller is desperately needed to prevent tragedies such as the massacre of 20 grammar-school children at Sandy Hook Elementary School on December 14, 2012, from ever happening again. But such tragedies have indeed happened again. In the course of writing the chapter of my memoir that discusses Heller, on October 1, 2017, a gunman fired from the 32nd floor of a hotel in Las Vegas, killing at least 58 people and injuring more than 500 more who were attending an outdoor concert. I had not yet finished the chapter when another mass shooting occurred, this one involving the death of 26 people—including three generations of a single family—at a church on November 5, 2017, in Sutherland Springs, Texas. More shootings have happened since.

Supreme Court sides with Wyoming hunter as Gorsuch joins liberals.
The Supreme Court on Monday sided with a Wyoming hunter charged with off-season hunting, ruling 5-4 that a 150-year-old treaty between a Native American tribe and the western state was still active and protected the man's rights.Clayvin Herrera was charged in 2014 with off-season hunting, but he argued that an 1868 treaty between Wyoming and the Crow Tribe protected his ability to hunt at that time. Wyoming had argued that the treaty was invalidated when it achieved statehood and lower courts agreed, leading to Herrera's conviction on the hunting charge.

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