Dred Scott v. Sandford is the worst ever. It helped precipitate the Civil War. Wickard v. Filburn is definitely in the top 5.
Don’t forget Sandford v Son...
Not going to argue with Dred Scott, for certain. There have been some bad ones over the years, encompassing many different areas of law. I hadn't even heard of Wickard until I took Con Law in law school, and when I read it my reaction was basically "horrified". It was at that point I realized the Commerce Clause was completely out of control. Obviously this is a gay marriage thread and I am not trying to turn the discussion, but for just bad decisions in general I always found Wickard one to be one of the worst. The Affordable Care Act may end up being at the top when it's all said and done, but that remains to be seen.
This gay marriage stuff should be left to the states, in my opinion, and federal judges should just stay out of it. Then again, they should stay out of a lot of stuff.
Also, submitted for your consideration is Schenck v. United States which basically declared that the Constitution's absolutes (in this case the 1st amendment) were not actually absolute: that certain "exigent circumstances" (in this case war) necessitated a change in thinking.
When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right.vs
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.