Controversial Dimensions of U.S. Supreme Court Cases. (Cases, Controversy, and the Court)

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THE RECENT United States Supreme Court decision in the case of Bush v. Gore unleashed a torrent of controversy. Polls released shortly after the case was announced showed a deep division in public opinion: Republicans overwhelmingly supported the decision and Democrats overwhelmingly condemned it.(1) The web teemed with articles by legal scholars, many opposing the Court's decision, and chat rooms bristled with pros and cons. (2) The decision also engendered a rash of books by notable legal writers, including Alan Dershowitz, Gerald Posner, and Vincent Bugliosi, critiquing the Court's opinion and rationale. One commentator called the case "one of the most controversial rulings in the court's history." (3)

Throughout its history, the U.S. Supreme Court has rendered controversial decisions. In one sense, all Supreme Court cases are controversial, at least to the parties involved and to broader interests that are affected. For a case to reach the Supreme Court, it must meet the original or appellate jurisdictional requirements outlined in the Constitution, survive the appellate process, and present an active controversy. In another sense, however, few cases are truly controversial, as most receive little public notice and affect only a small segment of society. (4)

As social studies educators, we know that using controversial Supreme Court cases in the classroom can stimulate discussion, increase knowledge of issues and institutions, and help students hone their critical-thinking skills. Thus, it is worth asking what makes a particular case controversial and which …