Michael Kinsley is one of the handful of liberals who defend Citizens United. He begins his essay, though, with a curious list:
For all the fuss about Supreme Court nominations, very few Supreme Court decisions are actually remembered by history, and even fewer are notorious for getting it wrong. In fact, there are really only three: Dred Scott (1857), which upheld slavery; Plessy v. Ferguson (1896), which upheld racial segregation; and Bowers v. Hardwick (1986), which upheld state anti-sodomy laws.
I take it that Kinsley has in mind decisions that have yielded a strong consensus as to their wrongness. So Roe v. Wade doesn’t count, even though many liberals who approve of the policy it put into constitutional law have criticized either its holding or its reasoning. But if that’s the case, then Bowers v. Hardwick don’t belong on the list. One Supreme Court justice who dissented from its overruling is still on the Court, and originalists would generally defend it (even if they oppose laws against sodomy). And where, meanwhile, are Korematsu, Buck v. Bell, and Lochner? I’m aware that Lochner (striking down a state maximum-hours law for bakers) has enjoyed a recent vogue on the right, but for many years it was a canonical case where the Court “got it wrong.”






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