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Overturn South Dakota v. Dole

The current majority on the Court needs only to bring its originalist methodology to bear on the Spending Clause.

(An Mazhor/Shutterstock)

Overturning Roe seemed like a pipe dream until it finally happened. Now that the worst modern legal precedent is gone, we asked TAC contributors: Which bad decision should the Supreme Court overturn next?

For the first time in my lifetime, we have a majority of Justices on the Supreme Court who consider themselves, quite properly, bound by the original public meaning of the Constitution. They have reinvigorated separation of powers, restored the principle of federalism, returned religious freedom to its equal status among the rights protected by the Bill of Rights, and generally repudiated three quarters of a century of judge-made “law” and “living constitutionalism.” Hopefully their work has only just begun, to borrow from a famous Carpenters song.


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