# What 3 SCOTUS decisions do you overturn? **URL:** \ **Category:** Great Debates\ **Created:** [February 8, 2011, 10:36pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706 "2011-02-08T22:36:00Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [February 9, 2011, 4:39am UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/21 "2011-02-09T04:39:36Z")
> [@Rumor\_Watkins](#): > > wow. back the truck up. > > if you’re going to claim some constitutional prohibition on line-item vetos, can we get some penumbration going on for the Senate’s debate & cloture rules, please The Senate is allowed to make its own rules of procedure. The President cannot be given powers except those which are specifically enumerated. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [February 9, 2011, 4:55am UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/22 "2011-02-09T04:55:54Z")
Is it too late to revisit _Bush v. Gore_? ---
**Author:** ![Invisible\_Chimp](https://avatars.discourse-cdn.com/v4/letter/i/f05b48/32.png) [@Invisible\_Chimp](https://boards.straightdope.com/u/Invisible_Chimp)\ **Post date:** [February 9, 2011, 5:26am UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/23 "2011-02-09T05:26:40Z")
Santa Clara Co. v. South Pacific Railroad - People have already mentioned why Citizens United v. FEC - Also already mentioned July 2 Cases - Reinstated the death penalty. The death penalty is barbaric and should be abolished in the US like in the rest of the civilized world. ---
**Author:** ![Jamaika\_a\_jamaikaiake](https://avatars.discourse-cdn.com/v4/letter/j/7993a0/32.png) [@Jamaika\_a\_jamaikaiake](https://boards.straightdope.com/u/Jamaika_a_jamaikaiake)\ **Post date:** [February 9, 2011, 6:07am UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/24 "2011-02-09T06:07:30Z")
> [@Procrustus](#): > > 1. The Bong Hits 4 Jesus case. I agree with the 9th Circuit. “A school cannot censor or punish students’ speech merely because the students advocate a position contrary to government policy,” wrote Judge Andrew Kleinfeld for the panel. Students, like real people, should have as many rights as possible, as long as serious government interest is not impacted. This is probably the worst decision of the three. Justice Stevens wrote: > > > [@](#): > > > > … the school’s interest in protecting its students from exposure to speech “reasonably regarded as promoting illegal drug use” … cannot justify disciplining Frederick for his attempt to make an ambiguous statement to a television audience simply because it contained an oblique reference to drugs. The First Amendment demands more, indeed, much mor > > Roberts is a tool. Language Log had a bit about this. It boggles my mind that anyone, much less a Supreme Court justice, could interpret the kid’s actions as promoting _anything_. He was clearly engaging in absurdism. ---
**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\ **Post date:** [February 9, 2011, 3:28pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/25 "2011-02-09T15:28:42Z")
> [@Saint\_Cad](#): > > Clinton v. City of New York Thanks. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [February 9, 2011, 3:45pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/26 "2011-02-09T15:45:33Z")
_Kelo v New London_ and _Santa Clara Co. v SPR_ are the top 2 easily. _Morse v Frederick_ is up there too. _Hazelwood v Kuhlmeier_ was decided correctly, IMO, as was _Bush v Gore_. So my third choice will be reserved for whatever case overturns _Heller_. ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [February 9, 2011, 3:51pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/27 "2011-02-09T15:51:52Z")
> [@Nobody](#): > > [[Kelo vs City of New London](http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London) - I personally think that it took the power of eminent domain too far. So did a lot of states apparently, I would have to look at every Supreme Court case ever to decide which 3 are the most wrong, but this was the case I thought of when I read the OP. The more I read it the more baffled I am. I cannot for the life of me understand it. ---
**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\ **Post date:** [February 9, 2011, 3:52pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/28 "2011-02-09T15:52:51Z")
Screw it, I am taking a fourth. And you can’t stop me. _Wisconsin v. Yoder_ - wrongly decided it was. Enshrined the principle that religious beliefs (a) should trump generally applicable laws; and (b) can be used to subject children to actions which would be considered abusive if not motivated by religion. Some people (most notably me) think it has been overturned by _Smith_, but that case was pretty clear it wasn’t overruling _Yoder_. Not sure how the two can be seen as compatible, though. ---
**Author:** ![Damuri\_Ajashi](https://avatars.discourse-cdn.com/v4/letter/d/898d66/32.png) [@Damuri\_Ajashi](https://boards.straightdope.com/u/Damuri_Ajashi)\ **Post date:** [February 9, 2011, 4:26pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/29 "2011-02-09T16:26:28Z")
Kelo Citizens United Roe v Wade ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 9, 2011, 4:40pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/30 "2011-02-09T16:40:27Z")
I don’t really give a shit about Kelo. I think it was a bad decision, but it’s unlikely to affect me. I’m rolling Santa Clara v. Pacific and Citizens United into one, and overruling both. Fuck corporate personhood generally. That, and the Slaughterhouse cases. > [@Procrustus](#): > > 1\*. State Farm v. Campbell. \* (and by extenstion, the Exxon case) creating out of thin air a limitation on punitive damages. Scalia dissent gets it right. I thought it was a much bigger deal that they overturned the state court’s damage award when it was really none of their business. I actually quite like the idea of limiting punitive damages to a factor of ten. ---
**Author:** ![fumster](https://avatars.discourse-cdn.com/v4/letter/f/e9c0ed/32.png) [@fumster](https://boards.straightdope.com/u/fumster)\ **Post date:** [February 9, 2011, 4:45pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/31 "2011-02-09T16:45:02Z")
> [@elfkin477](#): > > 1. Roe vs Wade > I’m prolife so a federal abortion law would always leave a bad taste in my mouth, but I would have been far happier if the law had built in restrictions against aborting viable babies. If as little as 1% of abortions are done on viable/near-viable babies (20+ weeks), that’s still 10,000 babies a year. > > 2. Kelo vs City of New London > Eminent domain should be a last resort for creating/expanding public works, and the power to take people’s property for gain should _never_ be in the hands of private enterprise. > > 3. [Hazelwood v. Kuhlmeier](http://www.streetlaw.org/en/Case.15.aspx) > It’s been sixteen years since we (editors of a high school lit magazine) fought the school board over a similar decision, but it still chaps my hide that schools can freely censor student publications. I’m pro-choice, but I really like the diverse and complex views that your post displays. I wish more people avoided the “straight-ticket” style of thinking. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 9, 2011, 4:46pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/32 "2011-02-09T16:46:25Z")
Me too, but I’d trample all over students’ free speech rights in exchange for abortion rights. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [February 9, 2011, 5:16pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/33 "2011-02-09T17:16:58Z")
> [@SeldomSeen](#): > > I was wondering if someone would remember this one. IMO one of the worst travsties ever perpetuated on the American public. I know. Allowing tax deductions on mortgage interest just burns me up! I’m glad that I’m not the only one who sees how that strikes at our society’s heart. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 9, 2011, 5:28pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/34 "2011-02-09T17:28:59Z")
I think he’s talking about the dicta. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [February 9, 2011, 5:32pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/35 "2011-02-09T17:32:22Z")
Roe versus Wade - The original case involved control of one’s body but by taking on the case the Supreme Court created law absent one involving the definition of life. It was not their decision to make. While I think they went about it as best they could it was something that should have been decided by law makers. Kelo vs City of New London - The constitution was clear on this. They essentially removed eminent domain from the constitution. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [February 9, 2011, 5:38pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/36 "2011-02-09T17:38:21Z")
Maybe I am missing something but I do not see reason to get unduly fussed about _Hazelwood v. Kuhlmeier_. As far as I can tell the school acts as the editor of the paper. Any publication will have an editorial policy. No one would make a case that journalists were being censored if, say, The New Republic refused to publish a particular piece that was too conservative for their tastes. Likewise if, say, the American Spectator refused to publish some liberal piece. The magazine editors can make editorial decisions on what they want to publish. It has always been thus. No problems there. The students do not own the school newspaper. The school does and the school administration is responsible for deciding what can and what cannot be published. If the students don’t like it there are other outlets to publish their writing and/or they can petition the school board/admin to change policy. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [February 9, 2011, 5:57pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/37 "2011-02-09T17:57:58Z")
> [@Really\_Not\_All\_That\_Bright](#): > > I think he’s talking about the dicta. Probably, but first, that’s only dicta, and second, all the dicta did was extend an already existing notion of corporate personhood under the 14th amendment. I’d think if corporate personhood really bothered somebody, they’d want to overturn Dartmouth College instead of Southern Pacific. Anyway, my three, butting aside oneoffs and overturned cases are: US v Miller (the 1976 one dealing with privacy, not the gun one) Buck v Bell Korematsu v US ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 9, 2011, 6:00pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/38 "2011-02-09T18:00:04Z")
Kind of pointless to overturn Korematsu now. And it did give race protected-class status. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [February 9, 2011, 6:08pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/39 "2011-02-09T18:08:58Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Kind of pointless to overturn Korematsu now. And it did give race protected-class status. The specific circumstances don’t exist anymore, but the precedent that it’s constitutional for the military to detain US citizens during time of war merely because of their racial or ethnic origin remains, and I think that’s a bad precedent to have. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 9, 2011, 6:10pm UTC](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706/40 "2011-02-09T18:10:41Z")
I think the ship pretty much sailed on that one when the government compensated the descendants of internees in the 80s. [Previous page](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706.md?page=1) [Next page](https://boards.straightdope.com/t/what-3-scotus-decisions-do-you-overturn/570706.md?page=3)