One of the most misunderstood , unjust and significant decisions of all-time is the Dred Scott decision decided by our U.S. Supreme Court in 1857. Yes, there were actually Courts, juries and judges 150-200 years ago. Amazing!
I had totally forgotten about this case since graduating law school 27 years ago, but after seeing a reference in the National Law Journal recently I went back and did a little checking.
Some things you probably didn't know about the "Dred Scott Case" or forgot or didn't care about.
1. The final decision by the U.S. Supreme Court went against Dred Scott in his lawsuit seeking freedom against his owner;
2. He initially won a jury trial in Missouri granting him freedom, which was reversed on appeal by the Missouri Supreme Court;
3. At the time his lawsuit was instituted The Missouri Compromise (An Act of Congress) outlawed slavery in Missouri;
4. Dred Scott reinstituted his lawsuit in Federal Court(based on diversity) , which worked it's way up to the US Supreme Court where the Court led by infamous Chief Judge Taney(believe me he was no Judge Ginsburg) dismissed the case holding that a slave was not a "citizen" and therefore could not create diversity. The Court further went on and said even if there was diversity we're striking down the provisions of Missouri Compromise giving freedom to a former slave. That was only the second time the Court had struck down an act of Congress(Marbury vs. Madison being the other). The panic of 1857 ensued, then Lincoln, then the Civil War and the Emancipation Proclamation. Scott was emancipated but died 18 months later of illness.
Amazing what the perseverence of a one time slave set in motion. Dred Scott, you were the man!
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