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Dred Scott, John San(D)Ford, And The Case For Collusion, David T. Hardy
Dred Scott, John San(D)Ford, And The Case For Collusion, David T. Hardy
David T. Hardy
Dred Scott v. John F. A. Sandford was one of the most critical cases in Supreme Court history, “an astonisher,” as Lincoln phrased it. In the “Opinion of the Court,” which was not actually the opinion of the Court (parts of it mustered only three votes), Chief Justice Taney stretched to insulate slavery in every way manageable. The ruling became instead an application of the “law of unintended consequences.” It led to the rise of Abraham Lincoln (who devoted much of his “House Undivided” speech to it), the destruction of Stephen Douglas’ presidential campaign (since it held his core position …
Standing To Sue In The Absence Of Prosecution: Can A Case Be Too Controversial For Case Or Controversy?, David T. Hardy
Standing To Sue In The Absence Of Prosecution: Can A Case Be Too Controversial For Case Or Controversy?, David T. Hardy
David T. Hardy
The Supreme Court has recognized that, except in highly unusual situations, a plaintiff has “harm in fact,” and thus standing to sue, if a criminal statute outlaws conduct in which he intends to engage and which is arguably within the protections of the Constitution. Three Circuits have, however, evolved contradictory strings of caselaw, in which certain challenges are assessed in accord with the Supreme Court’s teachings, while other, indistinguishable, challenges are subjected to much stricter standards, standards which are almost impossible to meet. The Circuits rarely attempt to reconcile the two sets of decisions, and when they do, the resolution …