Dred Scott v. Sandford
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Search complete. 130 mentions across 55 episodes found for "Dred Scott v. Sandford".
Sep 17, 2026
John DickersonGUEST
they got through it, you can get through it now.
John DickersonGUEST
That's a simplification of it, but I mean, when Frederick Douglass can talk about hope after the Dred Scott decision, which basically says you're not a citizen or a human, that he can still talk about hope and have hope.
John DickersonGUEST
So that's the way I try to do it-
Rachel MartinHOST
Yeah
Jamarl ThomasHOST
were her kids, by the way.
Robbie WestPANELIST
Well, the Dred Scott law was also settled with the Fugitive Slave Act.
Robbie WestPANELIST
That was a legal law where if you caught a slave, you could send them back to the people they ran away from.
Robbie WestPANELIST
Just because it's legal does not mean it's right.
Paul LawrenceGUEST
The fact that this is a 100-year-old case, that doesn't mean anything.
Paul LawrenceGUEST
Brown v. Ford overturned a 100-year-old precedent in Dred Scott.
Paul LawrenceGUEST
So sometimes it's clearly the right thing to do.
Paul LawrenceGUEST
And we think it's clearly the right thing to do here and return the discussions about harm and policies and stuff to the people to decide.
Ryan AndersonGUEST
There have been many laws on the books in American history that are downright evil.
Ryan AndersonGUEST
I mean, Dred Scott, it doesn't get much worse on that kind of opinion.
Ryan AndersonGUEST
But you can also see that it has been intrepid lawyers who have taken cases.
Ryan AndersonGUEST
And most recently, I think of Obergefell.
David SirotaHOST
Congressman Ro Khanna went further.
Ro KhannaGUEST
And so the correct posture is for us to call this a modern-day Dred Scott court that has taken away women's rights and Black political rights and immigrant rights and has sided with corporations over workers.
Ro KhannaGUEST
make it very clear what the corruption is on the court, and call for term limits, call for expanding the court, campaign against the court, and then fight to actually expand the court and fight to actually get terms limits passed.
Ro KhannaGUEST
But I don't think a passive approach is going to work.
Chris HaslerHOST
[gentle music] Dred Scott: Law Without Justice.
Chris HaslerHOST
Early in his presidency, Buchanan became entangled in the Supreme Court's Dred Scott decision.
Chris HaslerHOST
The Court ruled that Black Americans could not be citizens, and Congress could not ban slavery in territories.
Chris HaslerHOST
It was a sweeping victory for slaveholders.
Neil WeareGUEST
In that same case, he was joined by Justice Sotomayor, who called the Insular Cases, quote, "odious and wrong." And then most recently, you have Justice Ketanji Brown Jackson in her concurrence in Barbara critiquing the Insular Cases and listing them as a series of examples where the Supreme Court has, quote, "denied Americans" the, quote, "promise of securing equal citizenship." So you have at least three justices on record speaking out against them, yet despite several opportunities for the court to overrule them, they remain, uh, the law of the land.
Neil WeareGUEST
They remain, uh, not overruled the way that Plessy versus Ferguson has been overruled by the courts or Dred Scott-
Jeff SuttonGUEST
Or Korematsu
Neil WeareGUEST
... has been overruled.
Kathy BooneHOST
The Chief Justice, Roger B. Taney, obliged.
Kathy BooneHOST
In Dred Scott v. Sanford, his court held that black people lacked U.S. citizenship.
Kathy BooneHOST
and that congressional bans on territorial slavery were unconstitutional.
Kathy BooneHOST
Dred Scott, decided in 1857, was the Court's first use of horizontal review since Marbury and its first substantial use of the power ever.
Kathy BooneHOST
It is widely regarded as the Court's worst decision, a hell-black judgment, the abolitionist Frederick Douglass called it.
Kathy BooneHOST
But Douglass didn't take Dred Scott as settled law.
Kathy BooneHOST
He took it as an invitation to challenge the court's authority.
Kathy BooneHOST
Outrage at Taney's power grab filled the sails of the anti-slavery Republican Party and ultimately propelled Abraham Lincoln to the presidency.
Brian McClanahanHOST
"Most scholars describe the anti-Federalist insistence on a bill of rights and the amendments offered to the states as a victory for American liberty." And I mean, look, I think you could argue otherwise, and, and actually, uh, Watkins is gonna do that in some way.
Brian McClanahanHOST
"In truth, prior to the Civil War, the only congressional action struck down by the Court on bill of rights grounds was Dred Scott v. Sandford, a decision that receives little acclaim in the academy and legal profession.
Brian McClanahanHOST
Starting in the 1920s, the Court began using the Fourteenth Amendment to incorporate provisions of the Bill of Rights against the states.
Brian McClanahanHOST
Thus, the Court undermined local self-government by employing the Bill of Rights as a club against the states rather than a shield to protect the states and the people from federal overreach." And this is true.
Omar MooreHOST
But most of the time, the United States Supreme Court, in its iteration, in its history, has done the wrong thing.
Omar MooreHOST
Dred Scott, for example, Plessy v. Ferguson, for example, Citizens United, for example, Bush v. Gore, for example, the Calais decision, for example.
Omar MooreHOST
I can go on and on and on.
Omar MooreHOST
Shelby v.
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