3min chapter

Strict Scrutiny cover image

The Dobbs Decision Hasn't Aged Well

Strict Scrutiny

CHAPTER

The Originalism of the Dred Scott Decision

Dred Scott is a straight up originalist decision and if you mind I would like to read the originalist part of the Dred Scott decision right let's do it this is now Roger jerkface Taney talking. What Taney is saying is that because the states did not view black people as people when they were brought here that the court cannot later infer people rights upon them. That's originalism one oh frickin one and that's what Dred Scott is right so when Thomas is saying he's there enacting a species of substance due to process no no no they're enacting aspecies of originalism number two.

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