![]() ![]() Illinois (1873): This 8-1 decision upheld Illinois’ refusal to give Myra Bradwell, or any other woman, a license to practice law. Waite stands in the front rank of second-rank lawyers.” Barely on the court a year, Waite authored this opinion for a unanimous court that affirmed the denial of the right to vote for women, making the astonishing finding that “voting is not an inherent right of citizenship.”ħ. The Nation magazine endorsed the nomination thusly: “Mr. Senate refused to confirm any of Grant’s seven other choices. Grant’s last, desperate attempt to find a new chief after the U.S. The obscure Waite represented President U.S. Waite was the Supreme Court’s most spectacularly mediocre chief justice. is the speaker’s enthusiasm for the result.” Louisville’s own Justice Louis Brandeis also dissented.Ĩ. (T)he only difference between the expression of an opinion and an incitement. This blow to free speech did produce Justice Oliver Wendell Holmes Jr.’s most famous dissent: “It is said that manifesto was more than a theory, it was an incitement. government, a violation of New York’s Criminal Anarchy Act. New York (1925): Benjamin Gitlow was convicted and jailed for publishing leaflets advocating the violent overthrow of the U.S. This one was so awful, it only took the “brethren” three years to overrule it in another case.ĩ. By an 8-1 vote, the Supreme Court upheld the law, reversing the decisions of lower courts. Two Jehovah’s Witness students refused and were expelled from school. Gobitis (1940): A Pennsylvania statute required public school students to salute the American flag while reciting the Pledge of Allegiance. In my next column, I’ll talk about the court’s 10 best decisions.ġ0. ![]() (Well, OK, my consensus.) These decisions were considered atrocious, by some, even when they were handed down, as nearly all drew dissents from some of the sitting justices. I’ll start with the consensus top 10 worst decisions in the high court’s history. Beshear, the landmark case that will decide the constitutional fate of Kentucky’s one-man/one-woman marriage law, this would be a perfect opportunity to review a little Supreme Court history. Since it is so clandestine, and in light of yesterday’s oral argument in Bourke v. If the United States Supreme Court presides over the “least dangerous branch” of government, as Alexander Hamilton called the federal judiciary, that branch’s highest court is also the least known, its inner workings still cloaked in secrecy and even intrigue. ![]()
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