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Today in the Party of Calhoun



Seems about right:

Holy cow. The state of Kansas has a lawyer citing Dred Scott in support of its position. In defense of a law aimed at limiting a woman’s right to choose. What in the fck is the matter with Kansas?

Dred Freaking Scott!

I am not a lawyer, nor am I a legal scholar, although I do function as one here in the shebeen. But there’s a nice shiny nickel for anyone who can tell me the last time anyone cited that monstrous ruling in support of anything.

Well, I can’t give you an example of a judge explicitly citing Dred Scott. But I can give you an example of the Chief Justice of the United States joined by four of his brethren using Dred Scott‘s theory of equal state sovereignty, in order to place an extratextual limitation on the powers explicitly granted to Congress by Section 2 of the 15th Amendment to address racial discrimination by states in their regulation of voting. The four surviving members of that coalition also think that the willful and explicit suppression of the votes of racial minorities by state governments should be allowed to proceed.

In a way, then, the candor of the Kansas Solicitor General’s office is refreshing!

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