Furthermore, the decision was the source of the substantive due process doctrine.Ģ.
#WORST SUPREME COURT DECISIONS FREE#
Firstly, the notion that even free blacks were not persons or citizens of the United States was ridiculous. Sandford: The decision was perhaps the most egregious one that the Supreme Court has ever made. The reaction of most jurists to the hijacking of the Fourteenth Amendment can be encapsulated in the words of Yale law professor Akhil Reed Amar, who has said that the court "failed to cite a single case that, on its facts, comes close to supporting its analysis and result."ġ. In the present case, the black vote was the most likely to be negated by the court's decision to end the recount. was tailor-made for blacks" after the Civil War, intended to ensure the civil rights of former slaves. The bitter irony of this decision, as Bugliosi points out, is that "the equal protection clause. When the court was finally forced to conjure a point of law in its desperate search for a reason for the stay to save the Bush presidency, the justices (probably Scalia) hit upon the argument that the Florida Supreme Court violated the Fourteenth Amendment's equal protecion clause - that Florida's voters were being treated unequally by the lack of a standard in counting ballots. Taking issue with this hollow opinion, judicial conservative Terrance Sandlow stated, "The balance of harms so unmistakably were on the side of Gore," and further, the stay was "an unmistakable partisan decision without any foundation in law." by casting a cloud upon what he claims to be the legitimacy of his election." Scalia assumes here that Bush has won, but it is also clear that he feared that if the recount continued, the election could go to Gore. Justice Scalia's principal justification for issuing a stay on the Florida recount resumption, permitted by the Florida Supreme Court, was that the recount would "threaten irreparable harm to petitioner (Bush). There is virtual unanimity among law professors and jurists, conservative as well as liberal, who have condemned this action by the Supreme Court's conservative majority.
0 kommentar(er)
