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In one of the most quoted statements in american law justice holmes proclaimed that great cases like hard cases make bad law he explained that this was so because the hydraulic pressures of the great case tend to distort the judgments of the justicesdo great cases make bad law lackland h bloom jr lackland h bloom jr tests justice holmes famous aphorism great cases like hard cases make bad law challenges holmes opinion that the pivotal cases attracting supreme court attention make for poor bases upon which to construct a general lawgreat cases make bad law the war powers act eugene v rostow great cases like hard cases make bad law for great cases are called great not by reason of their real importance in shaping the law of the future but because of some accident of immedi ate overwhelming interest which appeals to the feelings and distorts the judgmentin do great cases make bad law lackland h bloom jr tests justice holmes dictum by analyzing in detail the history of the supreme courts great cases from marbury v madison in 1803 to national federation of independent business v sebelius the patient protection and affordable care act case in 2012yet from a practical perspective great cases could create laws poorly suited for far less publicly tantalizing but far more common situationsin do great cases make bad law lackland h bloom jr tests justice holmes dictum by analyzing in detail the history of the supreme courts great cases from marbury v

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