"Don't force your ideology on me"

[David Bernstein]

For a decision to be truly great, it should not only be correct legally and
morally, but should fly in the face of current popular wisdom.  It was hardly
courageous of the Court to rule the way it did in Loving and Griswold,
popular opinion was on (and moving further toward) its side, especially in
Griswold.  Cases where the Court really rose to the occasion include Yick Wo
v. Hopkins and Buchanan v. Warley, where the Court (unanimously) protected
unpopular minority groups, overturned lower court opinions, and faced
opposition from both mainstream general and elite opinion in doing so (Yick
Wo protected the Chinese months after major anti-Chinese riots swept through
almost every major Western city, and four years after the Chinese Exclusion
Act was passed.).  Given prior discussions, it's worth noting that Holmes
drafted a dissent in Buchanan that he ultimately did not deliver. Indeed, one
would be hard pressed to reconcile Holmes' dissent in Lochner with the
majority opinion in Buchanan.

David Bernstein

In a message dated 3/12/01 11:42:36 AM Eastern Standard Time,
Paul-Finkelman at UTULSA.EDU writes:

<< All of my discussions in the previous posts concerned the actions of
 private consenting adults. So that my choice for greatest decisions
 would surely include Loving and Griswold. >>