ABSTRACT
This chapter analyzes Supreme Court failings from 1945 to 2012. It analyzes judicial rulings that damaged the Supreme Court and the country. On behalf of the Government it has been urged that the executive department heads have power to withhold any documents in their custody from judicial review if they deem it to be in the public interest. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but in my view its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court. In competition with this judicial policy are concerns by Congress and state legislatures that the integrity, fairness, and public trust in elections outweighs arguments for unrestrained campaign spending. In the field of campaign finance, the Court stands on shaky ground by relying on two judicial creations: corporations are 'persons' and money is 'speech'.
