On this day in 1857, Dred Scott v Sandford was decided incorrectly. In a 7-2 decision, it found that African Americans — even free ones — were not citizens and therefore had no standing to sue in federal court. Dred Scott was a slave who had been taken by his owners to free states — that is: states where slavery was illegal. Dred Scott argued that once in a free state, he ought to be able to walk away. That’s a good argument. That’s why the Court decided to claim that African Americans just couldn’t be citizens.
In dissent, Justice John McLean noted that there was nothing in the Constitution that said that African Americans couldn’t be citizens. He noted that in five of the states at the time the Constitution was ratified, black men could, in fact, vote — indicating that they were, in fact, citizens. What’s more, there had been a case two decades earlier, Marie Louise v Marot, which was basically the Dred Scott case, but before the Louisiana Supreme Court. And it was found the opposite way.
The great villain in all of this is Supreme Court Chief Justice Roger Taney — usually number one on the list of worst Chief Justices in history. And he didn’t stop at simply declaring all African Americans ineligible for citizenship. He did what the Roberts Court did in Citizens United v FEC — greatly expanding the scope of the case. In Dred Scott, he greatly expanded the power of slave states and indirectly hastened the Civil War. The other dissenting opinion by Benjamin Robbins Curtis was basically that if the Court had no jurisdiction, then it should shut up about territorial matters. That’s a good point, although hardly the morally and legally clear argument that McLean had made.
(Let me just note something that I think is telling. When Sarah Palin was asked what Supreme Court decisions she disagreed with besides Roe v Wade, she had no answer. Neither Dred Scott nor Plessy v Ferguson (“separate but equal”) came to her mind. This is the very definition of white privilege. Over 600,000 people died in the Civil War — our deadliest war for obvious reasons. But she just wasn’t interested in that. There were zygotes that had to be saved!)
I think today, Dred Scott v Sandford is generally considered the worst Supreme Court decision in history. And that’s saying a lot. Because as an institution, it has generally represented the most conservative impulses — stopping the country whenever it tried to expand freedom and empower the powerless. Taney and Scalia and Roberts, for that matter, are not exceptions; they are the rule.
I don’t think of myself as someone who scoffs at people. But it’s gotten pretty hard not to do a whole lot of scoffing at the Republican establishment as it grapples with the rise of Donald Trump. And that brings me to Michael Gerson’s column in The Washington Post last week, 
On this day in 1616, De Revolutionibus Orbium Coelestium was placed on the Index Librorum Prohibitorum. But I put it that way because I’m suffering from heartburn and feeling very old today. (It is my little sister’s 51st birthday today!) Anyway, the book in question is Copernicus’ On the Revolutions of the Heavenly Spheres, and it was placed on the Catholic Church’s Index of Forbidden Books.
I didn’t watch much of the Republican debate last night. From what I heard, it was like the one before: basically a street brawl. What I did see showed that the non-Trump candidates really don’t understand their party. They keep hammering away on Trump from the right, as though the Republican base really cares about the ideology of the party. I would think after all these months, everyone would understand: Trump is a conservative to the base because he is a jerk. He struts around like a dictator, and they love it. To them, he is an “every man” because they too would act that way if they had billions of dollars.

On this day in 1857, England and France started the
As you are probably aware, I’m obsessed with Schopenhauer’s idea of the Will and how it overrides our rational facilities. In it’s most basic form, it comes down to this: we struggle through today so that we can struggle through tomorrow. Now obviously, Schopenhauer’s ideas predated Darwin and we understand why it is that we have this irrational compulsion to keep living: if we didn’t have it, we wouldn’t have survived as a species. Still, we are not hummingbirds. We have rational abilities. Yet we let this primordial instinct carry us on through lives that are very often not worth slogging through. But the universe could surprise us.
Peter Beinart is a liberalish writer who makes me wonder about our country. He was born into his job. He had the right parents, went to the right schools, and then, of course, New Republic hired him because he was liberish writer who could depend upon to be a war cheerleader that Andrew Sullivan so loved. That doesn’t mean he’s stupid. Not at all, in fact. Intelligence is mostly a matter of environment, and Beinart has had a great environment. I’m just saying that he wouldn’t be a contributing editor at The Atlantic and no one would have published his mediocre books. I’m saying that he might be writing for struggling daily if he had been raised by retail clerks from the central valley.