elfs: (Default)
[personal profile] elfs
Sarah Palin, in a recent interview, was asked what Supreme Court cases she thought were important. She was able to remember Roe v. Wade, and that was it. She couldn't name a single other case. (It was also revealed in the same interview that she could not name a single newspaper, period. Let's see, I look through the NY Times, the Washington Post, the Atlantic, and the Seattle PI on a daily basis.) We've been encouraging the netroots to teach Sarah Palin about the Supreme Court by naming your favorite case.

Everyone knows what my favorite case is: Griswold v. Connecticut. The court held "Connecticut law criminalizing the use of contraceptives violated the right to marital privacy."

Griswold is one of those pivot-law cases. It held that although there is no explicit "right to privacy" in the Constitution, several of the amendments are clear indicators that the writers assumed privacy from government intrusion within one's own body and property as a given. The case is almost universally loathed among right-wing commentators because it restrained the government from policing the private conduct of its citizens. Based on Griswold, we got Roe v. Wade, Eisenstat v. Baird which allowed unmarried people to buy contraceptives, and Lawrence v. Texas which legalized homosexual conduct in the privacy of one's own home.

Date: 2008-10-01 05:06 pm (UTC)
blaisepascal: (Default)
From: [personal profile] blaisepascal
I've always been fond of Marbury v Madison, not just for it's importance (Griswold, among a host of other important civil rights cases, wouldn't exist without Marbury), but also for the sheer audacity of the ruling: Using a power not explicit in the Constitution (Judicial Review), it claimed it could not exercise a power not explicit in the Constitution (the ability to act on Marbury's petition).

Date: 2008-10-01 05:53 pm (UTC)
From: [identity profile] omahas.livejournal.com
You bastard! I was going to do Lawrence v. Texas! Now what will I do?? (hand across forehead for maximum effectiveness).

Date: 2008-10-01 06:53 pm (UTC)
From: [identity profile] phred1973.livejournal.com
Frankly, Omaha, I don't ... er, well, no no that won't do...

:D

Date: 2008-10-01 06:24 pm (UTC)
From: [identity profile] antonia-tiger.livejournal.com
By the end of WW2 there was plenty of evidence that contraceptives were needed by a well-ordered militia. if only got keeping water out of rifle barrels.

Date: 2008-10-01 07:37 pm (UTC)
From: [identity profile] lexm.livejournal.com
Palin couldn't even remember Bush v. Gore (http://en.wikipedia.org/wiki/Bush_v._Gore)? Unbelievable. Or not.

First favorite SCOTUS case that comes to mind is ACLU v. Reno (http://en.wikipedia.org/wiki/ACLU_v._Reno), in which the justices unanimously struck down the provisions of the Communications Decency Act which forbade the transmission of "obscene or indecent" messages.

Date: 2008-10-01 08:19 pm (UTC)
From: [identity profile] foshka.livejournal.com
How about Miranda v Arizona (http://en.wikipedia.org/wiki/Miranda_v._Arizona)? That was the first to pop into my head, but I haven't seen it brought up much by others.

Date: 2008-10-01 10:12 pm (UTC)
From: [identity profile] cadetstar.livejournal.com
I'd have to go classically and go Brown v. Board of Education.

-Michael

Date: 2008-10-02 03:50 am (UTC)
From: [identity profile] srmalloy.livejournal.com
I would pick US vs. Verdugo-Uriquez...

Date: 2008-10-02 05:44 pm (UTC)
From: [identity profile] amythis.livejournal.com
My favorite name for a case, "Loving v. Virginia."

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Elf Sternberg

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