[Verginius Rufus]

The Dred Scott case shot down an attempt to undermine slavery in the territories, and Tawney's opinion included some racist thinking, but it didn't create slavery which had been supported by the legal system for 200 years by then. If anything it helped bring on the Civil War and therefore the end of slavery.

If Roe v. Wade was libertarian, so was Dred Scott--at least for the slaveholders. The Dred Scott decision did not trample on the rights of the states as Roe and Kelo did.

[SoCal Pubbie]

Ruing that a person could be owned like a mule and plow is the antithesis of a libertarian viewpoint.

When I used the term State earlier I meant any government body, not the 50 States. It can be argued that any ruling that prohibits government control on, and restrictions placed on, the individual is less invasive than one that directly interferes with a person's life. For this reason I feel Kelo is worse than Roe vs Wade.