US Supreme Court History is overwhelmingly unJust and Sophist
I lost 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. It was called Substantive Due Process .? 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."
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