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Seven-to-two votes

Remembering mistaken Supreme Court decisions


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About three dozen descendants of Dred Scott gathered in St. Louis last week to mark the 150th anniversary of the U.S. Supreme Court's Dred Scott decision, which led to the Civil War.

On March 6, 1857, Chief Justice Roger B. Taney announced his 7-2 court majority ruling that Scott, a slave in Missouri, was not a U.S. citizen and had no right to sue in the federal courts. Scott had sued for his freedom in 1846, using the argument that he had lived in Illinois and the Wisconsin Territory, where slavery was prohibited under the Missouri Compromise of 1820: once free, always free.

But Taney wrote in his opinion that Scott had never been free, that the Missouri Compromise of 1820 was unconstitutional, and that the federal government could not prohibit slavery in the new territories. He contended that blacks had "no rights a white man need respect."

Scott is buried in Calvary Cemetery on W. Florissant Avenue in north St. Louis. Descendants, along with hundreds of others, gathered at the downtown Central Library for speeches, songs, and a theater performance by the St. Louis Black Repertory Company. Scott's great-great-granddaughter, Lynne Jackson, said, "By virtue of the fact that we are not a slave nation, we became more blessed and became the greatest nation in the world."

But a lot of blood was shed along the way: 600,000 Americans (from a population of 30 million) died in the Civil War via combat or disease.

In 1973, the Supreme Court by a 7-2 majority found that unborn children have no rights that those who are born need respect.


Marvin Olasky

Marvin is the former editor in chief of WORLD, having retired in January 2022, and former dean of World Journalism Institute. He joined WORLD in 1992 and has been a university professor and provost. He has written more than 20 books, including Reforming Journalism.

@MarvinOlasky

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