The Supreme Court can be wrong.
The Supreme Court was wrong in their Dred Scott Decision
On March 6th, 1857, Chief Justice Roger B. Taney delivered the majority opinion of the U.S. Supreme Court in the Dred Scott case. Seven of the nine justices agreed that Dred Scott should remain a slave, but Taney did not stop there. He also ruled that as a slave, Dred Scott was not a citizen of the United States, and therefore had no right to bring suit in the federal courts on any matter.Some (perhaps superficial) similarities between Scott and Roe argumentsIn addition, he declared that Scott had never been free, due to the fact that slaves were personal property; thus the Missouri Compromise of 1820 was unconstitutional, and the Federal Government had no right to prohibit slavery in the new territories. The court appeared to be sanctioning slavery under the terms of the Constitution itself, and saying that slavery could not be outlawed or restricted within the United States.
Dred Scott Outcome | Roe v Wade outcome |
Dred Scott is not a citizen and can't bring suit against the federal government | Fetuses are not persons. Can they bring suit? (Can anyone bring suit on their behalf? I don't know the answer) |
Court seemed to say slavery is sanctioned by the Constitution | Court says "right to choose" is sanctioned by Constitution (ask NARAL, they'll say this is true) |
Property rights outweigh right to freedom | Privacy rights outweigh the right to life |
Court says can't have particular laws restricting or outlawing slavery | Court says can't have particular laws restricting or outlawing abortion. |