When Sarah Palin could not name any Supreme Court decisions
I just shook my head. I knew 20 easily.
Ones that had an influence on the country and on my life are the most
interesting . Plessy v. Furguson, in
1896, that made Jim Crow the law of the land comes to mind. Brown v. Board of Education,
in 1954, is another. The second canceled
out the first. I love reading about
these cases because in 1966 in Mississippi I still saw Jim Crow in
practice. Having to read about the court
deciding on the possibility of getting rid of the Civil Rights act because
section five does not include every state sickens me.
I always liked Mapp v. Ohio, 1964. This case determined that Evidence that is
illegally obtained by the state may not be used against a defendant in court. This
case is one of my favorites and makes very interesting reading. Of course Miranda v. Arizona, 1966, is seared
in all our minds because of all the crime dramas on T.V...
Roe v. Wade, 1973, is always a good one for discussion
because it was decided using the 14th Amendment. I do not agree
using this Amendment to sanction abortion.
Texas v.Johnson, 1989, had to do with flag burning as a form
of free speech.
I bring some of my favorite cases up because I want to
explore the one case that I find most perplexing. This case is also the one
that most Americans no little or nothing about but had a huge effect on most of
our lives. That case is Bush v. Gore,
2000.
At the end of the Election Day evening, Bush was ahead of
Gore in the Florida popular vote by only 2,000 ballots, close enough to trigger
an automatic recount. After the recount, Bush's lead dwindled to a mere 900
votes.
Gore requested a hand-recount of votes in his four strongest
counties, Broward, Miami Dade, Palm Beach, and Volusia, as allowed by Florida
law. After the recount, Bush's margin dropped to 537 votes. Gore then
petitioned the State courts for a recount of 70,000 contested ballots. Although
the lower court rejected his request, the Florida Supreme Court reversed on
appeal, and ordered the disputed ballots recounted. This created the term
,hanging chad. The Republicans tried to stall the recount so it could not be
completed in the time Florida law required.
This tactic worked. The Florida courts extended the time to allow all
contested ballots to be counted.
Bush and Cheney appealed the Florida Supreme Court's
decision to the US Supreme Court, and were granted a stay on the Florida
court's order until the US Supreme Court issued its decision. There is some
dispute as to whether this stay was necessary or a political maneuver designed
to defeat the State's ability to complete a recount before the "safe
harbor" deadline of December 12, 2000, coincidentally, the day the Court's
opinion was released.
The Court's opinion required Florida to stop counting
ballots, holding that subjective decisions made by the Florida court violated
the 14thAmendment Equal Protection Clause, because a portion of the
ballots were devalued by being subject to "later arbitrary or different treatment." .
As you can see the 14th. Amendment has been used
to decide two very divisive and life altering decisions of Americans living in this
modern age. I find both decisions fascinating to read and I do have a hard time
seeing how the High Court could use the 14th. Amendment to decide
both cases.
The makeup of this court scares me because of the trend of
political influence affecting important cases that will change our future. In most cases I can predict how each justice
will vote. This begs the question “are there any impartial judges in our courts
anymore or do they all base their rulings on political considerations”?