Here is a list of some of the most controversial Supreme Court cases in history. These U.S. Supreme Court decisions, some of which date back more than 100 years, include rulings on such hot button issues as abortion, civil rights, states' rights, gay rights and election laws. These decisions by the Supreme Court of the United States are considered by many to be among the most controversial. If you don't see a case on this list, feel free to add it in the comments section below!
The U.S. Supreme Court is the highest court in the land so many of its decisions will be controversial as they are final and apply to everyone in the country. When dealing with issues such as abortion there will always be a large divide between the people and many different views will clash. When the government makes a final decision on an issue like abortion of course there will be controversy as it's impossible to make everyone happy. But that is what the Supreme Court is supposed to do. We pick the best judges to sit and listen to cases and make the right decisions based on our laws and customs. There has to be someone to make these controversial decisions and the Supreme Court has done a good job of it so far. Not everybody will agree with all of their decisions but it is not possible to say that the country would be better off without a Supreme Court.
What are the most controversial commonwealth law cases? What are some of the most controversial decisions made by the US Supreme Court? Take a look at these cases and see what knowledge you can gain from their logic.
Roe v. Wade remains among the U.S. Supreme Court's most highly controversial decisions. In 1973, the High Court ruled that a woman who chooses to have an abortion (in the first trimester) is within her constitutional rights to do so. This ruling essentially legalized first trimester abortion - striking down individual state laws restricting it. see more on Roe v. Wade
The Brown v. Board of Education Supreme Court decision was certainly controversial. This 1954 ruling by the High Court essentially determined that it is unconstitutional for states to establish separate schools for blacks and whites. The ruling, which said that race-based segregation in public schools was unconstitutional, set the stage for the Civil Rights Movement, as it abolished segregation in schools (though not elsewhere). see more on Brown v. Board of Education
Bush v. Gore
This landmark ruling essentially determined the outcome of the 2000 presidential race. The U.S. Supreme Court's 5-4 decision reversed an earlier Florida Supreme Court decision and ended a statewide recount of ballots. The justices' ruling essentially awarded Florida's 25 electoral votes to George W. Bush, saying that allowing the recount to continue would violate the 14th Amendment's Equal Protection Clause.
Windsor v. United States
June 26, 2013--The Supreme Court found the Defense of Marriage Act (DOMA) unconstitutional. The federal government's refusal to recognize legal same-sex marriages has imposed a "stigma," enshrined a "separate status" into law and "humiliates" a group of people -- and that is unconstitutional, concluded Justice Anthony Kennedy, writing for the majority of Supreme Court justices on Wednesday in their historic decision striking down the 1996 Defense of Marriage Act. The vote Wednesday was 5-4.
With DOMA as the law of the land, married gay and lesbian couples were unable to receive more than 1,000 federal benefits that heterosexual couples were able to receive. Kennedy, along with Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, ruled that DOMA is unconstitutional under the Fifth Amendment. see more on Windsor v. United States
In 1803, the Supreme Court of the United States issued a ruling that basically established the concept of "judicial review." The High Court ruled in favor of William Marbury. He was appointed by outgoing president John Adams as a justice of the peace in the District of Columbia. When Thomas Jefferson became president, he ordered his secretary of state, James Madison, not to allow it. With this ruling, the Supreme Court forever changed the role (and power) of the court and, essentially, the way the U.S government operates. see more on Marbury v. Madison
The Plessy v. Ferguson Supreme Court ruling in 1896 essentially held that "separate but equal" was okay, establishing the idea that segregation was constitutional. States could, legally, offer separate facilities (in this case, train seats), to blacks and whites, provided that the facilities were identical. This post-Reconstruction challenge to segregation was only the beginning. see more on Plessy v. Ferguson
2003's Lawrence v. Texas Supreme Court decision was definitely controversial. In the case, the High Court ruled that the state of Texas' anti-sodomy law, prohibiting sex acts between persons of the same gender, was unconstitutional. In a nutshell, the justices' decision said that intimate sexual conduct between consenting adults, same sex or not, was protected under the Fourteenth Amendment. see more on Lawrence v. Texas
The U.S. Supreme Court's decision in 1857 in the Dred Scott v. Sandford case essentially established that all African-Americans, whether slaves or free, do not have Constitutional rights. Slave Dred Scott had sued, claiming he should be freed because the family he served had taken him to the free state of Illinois. see more on Dred Scott v. Sandford