The Dobbs Decision Hasn't Aged Well
Strict Scrutiny
00:00
The Role of Substantial Due Process in the Dred Scott Decision
In Dred Scott v Sanford the court invoked a species of substantive due process to announce that Congress was powerless to emancipate slaves brought into the federal territories while Dred Scott was overruled on the battlefields of the Civil War and by the constitutional amendment after Appometics. That overruling was purchased at the price of a measurable human suffering. The Dred Scott decision was not based on substantive due process number one because it wasn't invented in 1852 people didn't talk so he's conflating these two very distinct understandings of substantivedue process. Third substantive due process is often wielded to disastrous ends for instance in Dred Scott V Sanford, but we'll get back to that
Transcript
Play full episode
