A friend who is a history professor posed this question: “If you had to choose one single Supreme Court decision that exemplified the best in American jurisprudential thought and elegant language, what would it be?” I asked her to clarify, and she said that she is putting together a syllabus for a class on History of American Thought, and that, because America does some if its important thinking in Supreme Court cases, these can be a good illustration of American thought (not just jurisprudence or legal thought). So she’s looking for one or more cases to include in her class reading. They should be clear and well written; illustrative of some important principle in American thought; and they should be important, in that they have impacted American thought in some way. Also, if possible, they should be recent-ish — 20th century.
It turns out, those are some daunting criteria. Read More