Dissent and the Supreme Court by Melvin I. Urofsky

title text over cursive textDissent and the Supreme Court: it’s role in the court’s history and the nation’s constitutional dialogue by Melvin I. Urofsky (2015)

Probably best to buy this book because it is over 400 pages and extremely detailed with almost every sentence containing information of significance to the discussions of cases that have been before the Court and will be again based on the numerous unconstitutional laws so many states have passed recently. I do not recall what I was reading or watching, but I was suddenly struck by a better understanding of racism in America. Though I am white, I have a heart and am empathetic and compassionate, but now that I am older I suppose, I more truly grasp how wretched and unreasonable and dreadful and pervasive explicit racism (then and, alas, now). Some people were fooled when it was briefly suppressed by being converted to more subtle or maybe secretive racism that we had for a little after the Civil Rights Movement. And obviously, this was not true. Voting rights are at risk for most people in light of recent Supreme Court decisions, Citizens’s United, but also the one  (Shelby v. Holder recently where Clarence Thomas (and Scalia and the other Republican Justices) decided to gut the Act and said, sort of, racism doesn’t exist anymore and so federal review of states laws regarding voting rules was no longer necessary. We have now also seen that this was just another bad decision by these conservative men who want to suppress the vote. Witness the change of Arizona changes to their laws, which they were now allowed to do without Federal review by the Shelby ruling, to reduce the number of polling places from 300 to 60, resulting in 5 hour waiting in lines for many people, miles long queues, and the pretense that “provisional” ballots will even be counted.

Continue reading Dissent and the Supreme Court by Melvin I. Urofsky

I Dissent edited by Mark Tushnet

gavel on black and white coverI Dissent: Great Opposing Opinions in Landmark Supreme Court Cases by Mark Tushnet (2008)

WHY DISSENT?

Our constitutional tradition celebrates the great dissenters — John Marshall Harlan, Oliver Wendell Holmes, William O. Douglas. On one level, the reason is clear: out of step with the prevailing constitutional views, of their times, they were [sometimes] vindicated by history. The nation came to see the wisdom of their constitutional views, and the errors of the majorities that temporarily prevailed.

I added the [sometimes] because Scalia’s dissent is in two of the cases and I’m pretty sure when I get to them, he will be wrong, again. (His opinions always were wrong in MY opinion based on general principle!) So I decided I couldn’t wait and went to the last case first because it was a Scalia dissent.

Oddly, other cases have two justices listed in the table of contents as dissenting. However in the Scalia cases, Clarence (gag) Thomas was also listed in the chapter as joining in the dissent in Lawrence v. Texas, but not in the Table of Contents maybe because he wrote a separate dissent. Of course, now that Scalia is dead (RIH) it is a common joke that Thomas will not know how to vote anymore. Plus the mockery that after the many decades on the bench, he had NEVER SPOKEN during a case presented to the Supreme Court until Scalia died (2016).

Continue reading I Dissent edited by Mark Tushnet