chapter  4
62 Pages

Judicial Failings after World War II

The previous chapter covered several judicial “wounds” incurred through World War II. This chapter analyzes other Supreme Court failings from 1945 to 2012. The issues: the state secrets doctrine, school busing, abortion, federalism, legislative vetoes, sodomy statutes, the presidential election of 2000, and campaign expenditures. Reasons for these selections include executive deceptions of the judiciary (state secrets), widespread public opposition (school busing), untenable framework (Roe v. Wade), unworkable federalism theory (National League of Cities v. Usery), failure to understand executive-legislative accommodations (the legislative veto case), trying to settle disputes over sexual behavior (sodomy statues), selecting a president (Bush v. Gore), and using legal fictions in campaign expenditure cases (Buckley and Citizens United). Court cases on individual and minority rights from the 1870s to the 1960s are examined in Chapter Five.