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Retired Justice Stevens: These Are The 3 Biggest 'Errors' SCOTUS Made During My Tenure
Townhall.com ^ | November 26, 2018 | Beth Bauman

Posted on 11/26/2018 6:43:42 PM PST by Kaslin

Former Supreme Court Justice John Paul Stevens plans to release his book, "The Making of a Justice: My First 94 Years,” in May, not long after his 99th birthday. The New York Times interviewed him for a piece about his memoir, at which point he laid out the three Supreme Court decisions he still believes, to this day, were the wrong decision.

District of Columbia v. Heller

The 2008 landmark decision, often referred to as Heller, was a 5-4 decision that upheld an individual's right to possess a firearm for self-defense. There is no need to be part of a militia in order to own a gun. 

The Court also ruled that Washington, D.C.'s handgun ban and lock requirements were unconstitutional and directly violated the Second Amendment. The District had previously required residents who had firearms in the home to keep them disassembled or bound with a trigger lock when stored, something the Court believed when against the entire purpose of having a firearm: for self-defense.

Stevens was one of the four dissenters. He was the one who actually wrote the dissenting opinion, arguing that firearm ownership had to be connected to militia service.

He reflected back on the decision saying, "The combination of its actual practical impact by increasing the use of guns in the country and also the legal reasoning, which I thought was totally unpersuasive, persuaded me that the case is just about as bad as any in my tenure."

According to Stevens, he did everything in this power to try to persuade others in the majority to understand his point-of-view, in hopes of getting them to switch their vote. He knew that it was likely that the others on the Court would side with gun owners so he sent around a draft of what would become his dissenting opinion five weeks before Justice Scalia drafted the majority opinion.

“I thought I should give it every effort to switch the case before it was too late,” he said.

Although Stevens' efforts failed, he was successful in getting Justice Anthony Kennedy to have Scalia make "important changes" to part of the majority opinion. 

Citizens United v. Federal Election Commission

The 2010 decision held that political spending is a protected form of speech under the First Amendment. Unions and corporations are allowed to influence voter opinions by supporting or opposing specific candidates, although they're not allowed to give directly to a political campaign. This was another 5-4 case.

“Money in politics — it’s hard to believe the extent of it,” Stevens said about the case.

Bush v. Gore

Stevens also believes it was a mistake for the Court to decide the president in 2000. The justices were tasked with settling a discount dispute in Florida 

“It was really a disgrace,” he told The Times. 


TOPICS: Culture/Society; Government; US: District of Columbia; US: Florida; US: New York; US: Texas
KEYWORDS: 2000election; 2ndamendment; abortion; algore; banglist; bookreview; brettkavanaugh; citizensunited; dcvheller; districtofcolumbia; dnctalkingpoint; dnctalkingpoints; election2000; florida; georgewbush; johnpaulstevens; maga; mediawingofthednc; memoir; newyork; newyorkcity; newyorkslimes; newyorktimes; nra; partisanmediashills; presstitutes; scotus; secondamendment; smearmachine; supremecourt; texas; washingtoncompost; washingtonpost
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To: pepsi_junkie

Good summary, and as a footnote: all three were 5-4 decisions; The Cnstitutional rights at stake in those cases were preserved by the slimmest of margins. Scary but hey, there’s no pictures on the scorecard.


41 posted on 11/26/2018 7:19:15 PM PST by Ahithophel
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To: Kaslin

Wonder how they’d receive him if we could strap him in a time machine and send him back to 1776?


42 posted on 11/26/2018 7:19:42 PM PST by LibWhacker
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To: Kaslin

John Paul Stevens - just a lonely and irrelevant old man trying to get some attention.


43 posted on 11/26/2018 7:19:54 PM PST by Honest Nigerian
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To: Kaslin

Is there anyone stupid enough to believe Stevens actually. Wrote the book himself?

In his 90s I doubt he even remembers any of this. Stevens is just an old man making a fool of himself.


44 posted on 11/26/2018 7:23:31 PM PST by detective
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To: lonestar67

“Its fascinating how the Left now regularly spends billions on elections— outspending the right— but still says its imperative to limit spending.”

Yes, they think that it’s o.k. for Unions (and public unions in particular) to be able to spend on elections without limit, but that businesses should not have that same right. The RATS are always pi$$ing on your leg and telling you that it’s raining!


45 posted on 11/26/2018 7:23:48 PM PST by vette6387
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To: Bullish

I shudder to think what he feeeeeeeeeeels are his crowning achievements!


46 posted on 11/26/2018 7:26:57 PM PST by rockrr ( Everything is different now...)
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To: mindburglar

“Gerald Ford: “John Paul Stevens was my biggest mistake”.”

How many justices that became rabidly liberal have republican president appointed?

How many justices that became conservatives have democrat presidents appointed?


47 posted on 11/26/2018 7:33:06 PM PST by aquila48
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To: Kaslin

All the supreme court did in Bush V Gore was to ask the FL court how it came to its conclusion. The chief justice of the FSC WARNED the rest of that court that it would fail.

They then dropped the case.


48 posted on 11/26/2018 7:56:26 PM PST by crz
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To: MuttTheHoople

Typical Rockefeller Republican.


49 posted on 11/26/2018 8:16:16 PM PST by mindburglar (I like spelling it Lazers. It looks cooler.)
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To: Kaslin

Stevens was Ford’s biggest mistake and Souter was the elder Bush’s biggest mistake.


50 posted on 11/26/2018 8:20:49 PM PST by chuckee (extended beyond the timens e)
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To: Louis Foxwell

It will get better though. Just give it a little more time.


51 posted on 11/26/2018 8:23:38 PM PST by Sequoyah101 (It feels like we have exchaged our dreams for survival. We just ha va few days that don't suck.)
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To: ealgeone

I think you meant “dumbass”...


52 posted on 11/26/2018 8:32:25 PM PST by bigbob (Trust Trump. Trust the Plan.)
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To: Mark
Justices on Supreme Court need common sense without the experience as a lawyer or a judge.

There is no requirement for a Supreme Court Justice to be a lawyer.

IMHO I would say that finding a law school graduate who has respect for following the law rather then making the law is a bit like finding a needle in a haystack.

53 posted on 11/26/2018 8:57:00 PM PST by Harmless Teddy Bear (Somewhere there's danger, somewhere there's injustice, and somewhere else the tea is getting cold.)
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To: MuttTheHoople
Recent?

Ford is as dead as a door nail.

I have seen the grave.

54 posted on 11/26/2018 8:58:26 PM PST by Harmless Teddy Bear (Somewhere there's danger, somewhere there's injustice, and somewhere else the tea is getting cold.)
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To: Kaslin; Impy; BillyBoy; LS; NFHale; GOPsterinMA; AuH2ORepublican; ExTexasRedhead; dp0622

John Paul Stevens: One of the worst anti-Constitutional black robed tyrants in the history of the Republic.


55 posted on 11/26/2018 8:59:33 PM PST by fieldmarshaldj ("It's Slappin' Time !")
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To: Kaslin

I cannot take Justice “sweet mystery of life” Stevens seriously.


56 posted on 11/26/2018 9:03:13 PM PST by Mad Dawg (Sta, si cum canibus magnis currere non potes, in portico.)
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To: Kaslin

“These Are The 3 Biggest ‘Errors’ SCOTUS Made During My Tenure”.

Or... three times I was outvoted. Self-important moron.


57 posted on 11/26/2018 9:08:55 PM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: DesertRhino

On the plus side...this old loser will soon meet his maker.


58 posted on 11/26/2018 9:13:15 PM PST by hal ogen (First Amendment or Reeducation Camp?)
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To: Kaslin

This turd being made a justice is number four. ***holes shouldn’t be allowed on the Supreme Court.


59 posted on 11/26/2018 9:15:11 PM PST by FlingWingFlyer (#NotARussianBot)
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To: Kaslin

Militia? Hey Stevens. Go suck on the business end of a musket. Maggot.


60 posted on 11/26/2018 9:17:27 PM PST by FlingWingFlyer (#NotARussianBot)
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