The Insular Cases: Precedents and Chesterton’s fence

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The Supreme Court has made a terrible habit of saying things that later generations understand to be odious. The court is ever-conscious that its reasoning will be important for future cases, so it is the one branch of the federal government that regularly takes the time to justify its rulings.

Yet the court has all too often shown itself to carry the biases, prejudices, and ignorance of its own time. In some cases, this has led to disgraceful results. The Dred Scott ruling tore the country apart. The doctrine of “separate but equal” created a racist caste system that is antithetical to American ideals.

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