I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases

xxvi, 229 pp. Includes bibliographical references (p. 225-229). Introduction : Why dissent? -- 1. "The legislature is entitled to all the deference that is due the judiciary" : Marbury v. Madison, 1803 / John Bannister Gibson -- 2. "Experience should teach us wisdom" : McCulloch v. Maryland, 1819 / Andrew Jackson -- 3. "Among those for whom and whose posterity the Constitution was ordained and established" : Dred Scott v. Sanford, 1857 / Benjamin R. Curtis -- 4. "To enable the black race to take the rank of mere citizens" : the civil rights cases, 1883 / John Marshall Harlan -- 5. "There is no caste here" : Plessy v. Ferguson, 1896 / John Marshall Harlan -- 6. "Room for debate and for an honest difference of opinion" : Lochner v. New York, 1905 / John Marshall Harlan, Oliver Wendell Holmes -- 7. "Men feared witches and burned women" : Whitney v. California, 1927 / Louis D. Brandeis -- 8. "Almost anything-- marriage, birth, death-- may in some fashion affect commerce" : National Labor Relations Board v. Jones & Laughlin Steel Corp., 1937 / James McReynolds -- 9. "Ugly abyss of racism" : Korematsu v. United States, 1944 / Frank Murphy, Robert H. Jackson -- 10. Refrain from invidious discriminations" : Goesaert v. Cleary, 1948 / Wiley Rutledge -- 11. "Our decision does not end but begins the struggle over segregation" : Brown v. Board of Education, 1954 / Robert H. Jackson -- 12. "To attribute, however flatteringly, omnicompetence to judges" : Baker v. Carr, 1962 / Felix Frankfurter, John Marshall Harlan -- 13. "A sterile metaphor which by its very nature may distort rather than illumine the problems" : Abington School District v. Schempp, 1963 / Potter Stewart -- 14. "I get nowhere in this case by talk about a constitutional 'right of privacy'" : Griswold v. Connecticut, 1965 / Hugo L. Black, Potter Stewart -- "That is what this suit is about. Power" : Morrison v. Olson, 1988 / Antonin Scalia -- "Do not believe it" : Lawrence v. Texas, 2003 / Antonin Scalia. "For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions?  In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history." Keywords: MARK TUSHNET I DISSENT GREAT OPPOSING OPINIONS LANDMARK SUPREME COURT CASES GOVERNMENT AMERICA AMERICAN HISTORY LAW