Recently. John McCain claimed that the Guantanimo habeas corupus ruling was the “worst decision in history”. We’ll assume he’s talking just about court rulings, so let’s take a look at what other Supreme Court cases didn’t make it into McCain’s top spot for “worst” ever.
Dred Scott v Sanford
Dred Scott was a slave in Missouri, who sued for his freedom in court in 1856. The case was built on the fact that, although a slave, Scott had temporarily lived in states where slavery was illegal. The court ruled by a fairly wide 7-2 margin that, neither Scott, nor anyone of African ancestry could claim citizenship in the United States. Therefore, Scott could not bring suit in court. Therefore, in order to sue for his freedom, Scott had to be free in the first place.
Plessy v Ferguson
The landmark 1896 Supreme Court case that upheld the constitutionality of racial segregation, even in public accomodations. This was done under the “separate but equal” doctrine. Plessy boarded a railroad car that was for white patrons only. Although Plessy was 1/8 african and 7/8 white, he was classified as African under Louisiana law, and therefore, unable to sit in that rail car. The court rejected Plessy’s case, 7-1. The dissent, by John Marshall Harlan, predicted the case would be infamous, “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.”
Roe v Wade
A likely answer for any social conservative. Roe v Wade stated in short that most laws restricting abortion were unconstitutional, due to the right to privacy, and the fourteenth amendment. For those who are very pro-life, the implications are clear. Even if abortion isn’t important to you, there are some other problematic issues with this case.
There are others not mentioned, like Bush v Gore, 4th amendment exceptions, etc. These are just a few. For John McCain, any slowing down of the national security state (by petty things like protection against government) is unacceptable.
“He who wants to reassure constitutionalist conservatives that he understands the importance of limited government should be reminded why the habeas right has long been known as ‘the great writ of liberty’.”
-George Will
Filed under: Election 2008, John McCain, Politics | Tagged: habeas corpus, Supreme Court
Politics is also unpredictable. No one four years ago could have predicted that in the US an African-American Democratic Barack Obama would defeat Hillary Clinton, the predicted woman candidate competing for the presidency of the United States in 2008 she will urge her backers to bankroll t Obama’s bid, No one likely would have predicted that the Conservative Stephen Harper the Canadian PM of a minority government would last even this long.
Nor would most have predicted that much of Europe would be electing conservatives in this election cycle.
Gee, McCain a politician is guilty of hyperbole; I’m shocked, shocked!
Of course, if a Gitmo detainee gets released by this, then ends up flying a plane into, say the Capitol, the hyperbole might prove not to be that far off. After all, we’ve ended up killing any number of released Gitmo detainees on the battlefield, and at least one has done the suicide bomber routine.
A few people killed by flying a plane into a building, while regrettable and sad is nothing compared to the millions killed with state approval because of the 1973 ruling.
Yeah because not sacrificing liberty for security is worse than saying blacks can’t be citizens, segregation, and 40+ million abortions. Ben Franklin’s quote is a fitting response to just about everything that happens these days.
If it sets off WW IV, with eventual nuclear exchanges, yes, it could be far worse. Forty million would be small, in that case.
That would make the decision for nuclear bombing the worst decision ever, not this court case. Let’s say they picked up a guy in Afghanistan, then he got let go, and somehow pulled off another 9/11 scenario. Who would we invade to start a world war? Someone who had nothing to do with it? Who would invade us? Especially if the guy was captured in a country we’re already in. That scenario doesn’t add up unless there are overreactions somewhere, and like I said before, that would be the “worst decision ever”.
Fooser: agreed. As I said initially; classical political hyperbole that both camps practice (though I think I could find two cases in Obama’s camp for every one in McCain’s).
But then again; I don’t think the court in Roe v. Wade was figuring on signing off on 40 million abortions either. Nor that Dred Scott would be refuted with as many lives as that took.
Mike O.
You’re too nice. To determine that the SCOTUS had no idea what was going to happen after Roe vs. Wade, is to put it very easy, hogwash. They knew full well the devil they were loosing!
But I would rather have Liberty than security! I think a great patriot said something along those lines once in the distant past. But he probably didn’t have the foresight to think about muslim terrorists.
BR