US Supreme Court History is overwhelmingly unJust and Sophist

[Charles Brown]

http://take10charles.blogspot.com/2014/11/us-supreme-court-history-is_9.html



US Supreme Court History is overwhelmingly unJust and Sophist


The Pretty
Swamp of the Unjust

I loss my respect for the SCOTUS when the Burger Court perverted the
14th Amendment to find affirmative action unconstitutional, and
undercut Brown v Bd of Ed; and I've been a lawyer since 1979.
Actually about the only SCOTUS in US History worth giving any respect
is the Warren Court. It is unique, and an outlier.
Even Mr. Justice Holmes ( and Brandeis) does not deserve his liberal
reputation. In the "First Amendment doesn't protect yelling fire
falsely in a crowded theater , so it does not protect speech that is a
clear and present danger to the state" case, Holmes found that speech
urging workers not to go to World War I was _not_ protected as Free
Speech; that it was an exception like yelling fire falsely in a
theater . That's why he brought up the hypothetical theater example;
so he could make an _il_liberal decision , not a tolerant and freedom
loving decision. He upheld the decision to jail Comrade Schenck. That
was the very first SCOTUS Free Speech case, even though it was 1919.
In the 1930's , Roosevelt had to threaten to pack the court with more
justices in order to get it off its free market fundamentalism.
Actually, that was liberal, Oldtime Liberalism, Free Trade Liberalism.
In the late 1880's , there was _Plessy vs Ferguson_ which established
"separate but equal as the law" . It was the racist principle and
another distortion of the 14th Amendment, that _Brown v Bd of Ed_
overruled. In the late 1800's , the SCOTUS also established the legal
fiction of "personhood of the corporation". It was the railroad
corporation lawyers who got it through ,again distorting the 14th
Amendment. I guess they got people thinking, " if Negroes can be
people, why can't corporations be people ? The purpose of both is to
make rich people more money."