Legal Commentary

An interesting recent posting by David Fontana on Concurring Opinions remarks on just how rarely courts cite Bush v. Gore for any proposition.  This reminded me of a discussion I once had with one of my students:  when asked to come up with an argument defending an aggressive use of governmental power in the War Against Terror, he suggested that the government rely on Korematsu, noting that the Court has never explicitly overruled its decision in that case.  I responded that the legal and moral dubiety of that decision's reasoning leaves such a citation a strategically dangerous, and thus unlikely, choice.   But perhaps I'm underestimating the aggressiveness of this or other recent Administrations -- anyone know of any contemporary government citations of Korematsu?  Are there other examples of decisions that -- although they technically remain good law -- even the winners are too embarrassed to cite?