5097 version 1.01 Upgraded October 6, 2005
The top ten Worst Opinions of any Courts
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Lawyerdude's list of the worst Court opinions.
Some really bad opinions are rendered at the local level and never given certiorari by the California Supreme Court of the U.S. supreme court. In fact the real oppression comes from the effort of the supreme court of California to hide these liberating opinions. Example: The original court of appeal opinion in my LSD case.
1. Santa Clara county v Southern Pacific Railroad (1886) 118 U.S. 394 The fence case that triggered the corporatization of America! The court clerk unilaterally elevated corporations to the status of personhood, but that was just a poseur’s headnote. The clerk made the headnote regarding persons. It was mere dicta in the case but the clerk without authorization made a terrible blunder. This case was argued for 5 days. http://www.lawyerdude.netfirms.com/6048.html
2. Slaughterhouse cases from 1872 wherein the court upheld the creation of a monopoly in New Orleans that put all the butchers out of business. www.lawyerdude.8m.com/5093.html http://laws.findlaw.com/us/83/36.html This case is routinely cited by the “patriot movement” .
3. Brushaber v Union Pacific (1916) The mother of all bad tax cases. This case is badly written with badly convoluted sentences. http://www.lawyerdude.8k.com/brushaber.html
4. Close tie: Hurtado v California (1884) http://laws.findlaw.com/us/110/516.html www.circuitlawyer.8m.com/hurtado.html 110 US 516, 28 L Ed 2d 232, 4 s Ct 111 . This case says that the grand jury clause means nothing because it is not applicable to the state! It is ripe to be overturned.
5. New York v Ferber . Outlawed kiddie porn. 1982, http://www.laserdude.gq.nu/ferber.html Related pages:
This case at Findlaw is http://laws.findlaw.com/us/458/747.html
Lawyerdude’s Lap Dance page: http://www.lawyerdude.netfirms.com/lapdance.html
6. Myra Bradwell v Illinois. 1872. 83 U.S. 130 Myra Bradwell was denied admission to the Illinois bar in 1869 due to her being a married woman. The U.S. Supreme Court affirmed the denial of Bradwell’s rights. Bradwell v. People of State of Illinois, (U.S. Ill. 1872) 83 U.S. 130, 21 L.Ed. 442, 16 Wall. 130. About he same time Clara Foltz became the first woman to practice in California despite a statute restricting the practice of law to "any white male citizen". See A History of America Law by Professor Lawrence Friedman, page 639 and the bibliographies therein. http://www.lawyerdude.netfirms.com/myrabradwell.html
7. Cruickshank 1900 http://laws.findlaw.com/us/176/73.html This case is routinely cited by “the patriot movement”.
8. Balzac v Porto Rico 1922 http://laws.findlaw.com/us/258/298.html This case is routinely cited by the patriot movement to attempt to prove that your local U.S. district court is not an article III court.
9. Dred Scott v Sanford 1846 (That is before the Civil War - for the benefit of the historically challenged.) This case says that slaves are not persons. It has been effectively overruled. http://www.google.com/search?hl=en&q=dred+scott&btnG=Google+Search
http://library.wustl.edu/vlib/dredscott/
http://www.pbs.org/wgbh/aia/part4/4p2932.html
http://www.watson.org/~lisa/blackhistory/scott/
http://www.tourolaw.edu/patch/Scott/
http://www.historyplace.com/lincoln/dred.htm
http://slate.msn.com/id/2108083/
There are many more links to Dred Scott on the internet. Just click on the Google search link above.
10. Plessy v Fergeson 1896. New Orleans. Separate but Equal. Overturned later. A case of an Octoroon from New Orleans who wanted to ride the train with the white folks. Octoroons historically were the best prostitutes in a town dominated by brothels. 1896 http://www.laserdude.gq.nu/plessy.html and http://laws.findlaw.com/us/163/537.html May 18, 1896. [163 U.S. 537, 538] This was a petition for writs of prohibition and certiorari originally filed in the supreme court of the state by Plessy, the plaintiff in error, against the Hon. John H. Ferguson, judge of the criminal district court for the parish of Orleans. . . .Octoroon Plessy Lost before the Supreme Court of the United States. The case is interesting. http://www.laserdude.gq.nu/plessy.html http://laws.findlaw.com/us/163/537.html
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