Supreme Court Overturns Roe and Casey
Advisory Opinions
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The Legacy of Dred Scott
The court invoked a species of substantive du process to announce that congress was powerless to emancipate slaves brought into the federal territories. While dredscott was overruled on the battlefields of the civil war, and by constitutional amendment after appomattox, that overruling was purchased at the price immeasurable human suffering. Now to day, the court rightly overrules rowe and casey, two of the courts most notoriously incorrect substantive due process decisions. The harm caused by this court's forays into substantive due process remains immeasable.
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