Dred Scott and the Dangers of a Political Court - by Ethan Greenberg (Paperback)

About the Book

Dred Scott exemplies neither originalism nor aspirationalism gone wrong, as many modern critics now argue. Rather, the Dred Scott Court erred chiefly because the majority gave in to the still-relevant temptation to subordinate honest legal reasoning to the pursuit of what the ...

Book Synopsis

Dred Scott exemplies neither originalism nor aspirationalism gone wrong, as many modern critics now argue. Rather, the Dred Scott Court erred chiefly because the majority gave in to the still-relevant temptation to subordinate honest legal reasoning to the pursuit of what the majority regarded as a noble and crucial political agenda_in this case, to protect slavery and the political power of the slave-holding South, and thereby preserve the Union.

Review Quotes

An original and insightful study, which shows the significant connection between the Supreme Court's 'worst decision' and the legal theories behind modern Court decisions.

Ethan Greenberg has written what will probably prove to be the definitive account and analysis of the Dred Scott decision-one of the most consequential, and reviled, decisions in the history of the U.S. Supreme Court. This is a beautifully written book, providing both a gripping narrative of the Dred Scott litigation and a penetrating analysis of the opinions of the Justices, and of the use made of the decision by modern scholars in debates over Roe v. Wade.

Judge Greenberg has written a superb analysis of the infamous Dred Scott decision, vividly depicting the historical background, the human story of the litigants, and most perceptively, how the decision relates to the judicial philosophies of the justices on today's Supreme Court.

About the Author

Ethan Greenberg is an Acting New York State Supreme Court Justice and an Adjunct Professor at Fordham Law School.