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After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham
After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham
All Faculty Scholarship
In 1857, the Supreme Court rendered a decision in Dred Scott v. Sandford, declaring that it had no jurisdiction to hear Dred Scott's claim to freedom because he was black and, therefore, not a citizen of the United States. This article argues that not only was the decision morally reprehensible, it was also based on an erroneous interpretation of the Constitution.