OA62: The Supreme Court’s Hall of Shame

In this episode, Andrew goes through five of the worst, most embarrassing cases in Supreme Court history.

First, though, the guys tackle a question from Scott, who’s considering becoming a patron of the show (good!) but has some questions about a standard form indemnification clause in the Patreon agreement.

In the main segment, we look at the worst of the worst in Supreme Court history.  From the embarrassingly racist to the embarrassingly activist, come visit the Supreme Court’s “Hall of Shame” with Andrew and Thomas.

After that, fan favorite Breakin’ Down the Law returns with an examination of a new mandatory arbitration provision for civil cases in Cook County, Illinois.

Finally, we end with a brand new Thomas Takes the Bar Exam question #20.  Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday’s show.  Don’t forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)!

Recent Appearances:

Andrew was a guest on Episode 209 of the Phil Ferguson Show; please give it a listen!

Show Notes & Links

The worst cases in Supreme Court history, in chronological order, are:

  1. Dred Scott v. Sanford, 60 U.S. 393 (1857)
  2. Plessy v. Ferguson, 163 U.S. 537 (1896) (not discussed in this episode)
  3. Lochner v. New York, 198 U.S. 45 (1905)
  4. Buck v. Bell, 274 U.S. 200 (1927)
  5. Korematsu v. US, 323 US 214 (1944)
  6. Bowers v. Hardwick, 478 U.S. 186 (1986); and, of course,
  7. District of Columbia v. Heller, 554 U.S. 570 (2008) (not discussed in this episode)

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