Professor Daniel Farber delivered his argument for the case of Dred Scott v. Sandford being the top entrant in the “Hall of Shame” for United States Supreme Court decisions. The decision in Dred Scott v. Sandford stated that people of African descent are not and were never intended to be citizens, so they are not and cannot be protected under the U.S. Constitution.
The decision also stated that slaves are the private property of their owners, and like other property, could not be taken from the owner without due process. Professor Finkelman then put the case into historical context. After Professor Farber’s rebuttal, they responded to questions from Professors Amar and White in the audience.
“Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History” was a Pepperdine Law Review Symposium.