Over at Concurring Opinions, Kaimipono Wenger asks the readership about what the worst “still-current” Supreme Court decision.
But Bush v. Gore stands in a league of its own, well above the others. For each of the others could be reversed by the voters either in Congress or by constitutional amendment. But since Bush v. Gore dealt with the actual disenfranchisement of voters, it could not. All legally cast ballots should have obviously been counted, since it is the people that hold actual power in a democracy.
One simply can’t compare a reversible decision with an irreversible one.