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The reactionary anticanon


These are the results of a survey of conservative legal scholars about the worst decisions in Supreme Court history:

Roe worse than Plessy, of course. The idea that the equal protection clause might apply to LGBTQ+ people worse than Buck v. Bell or Korematsu, natch. Also, one might also wish to consider how Buck v. Bell could be one of the worst decisions in Supreme Court history while Griswold and its progeny are also among the worst decisions in Supreme Court history — is there a right to reproductive autonomy implicit in the Constitution or not?

And as always, it remains telling that Wickard v. Fillburn is seen by conservatives as one of the worst abuses of judicial power in history. The idea that it exceeds the federal power to regulate interstate commerce for the government, as part of a regulation of interstate commodity markets, to fine a large commercial farmer who accepts generous federal subsidies in exchange for limiting his production to 11 acres of wheat and then grows 23 is simply absurd. The way in which American 21st century American conservatives conceive of liberty is remarkably impoverished — Mr. Plow, not Abraham Lincoln.

I’m also pretty confident that #14 won’t be on the next list.

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