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The Roberts Court’s Greatest Misses



When Bernie said that Citizens United was one of the worst decisions in Supreme Court history at the DNC, I mentioned on Twitter that I didn’t even think it was the worst Roberts Court campaign finance decision. (I should emphasize that I’m not criticizing Sanders for making the claim — using Citizens United a synecdoche for America’s campaign finance problem is fine as political rhetoric.) So this got me thinking about what the very worst Roberts Court decisions have been in terms of a combination of weakness of legal argument and negative policy impact. The result was this. There have been so many I don’t think any of Citizens United, D.C. v. Heller, or Hobby Lobby make the top 5.

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