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Dred Scott v. Sandford

SCOTUS · Decided SCOTUS
Court
Supreme Court
CL Status
Active

Case Overview

Dred Scott, an enslaved man, sued for his freedom on the theory that his prolonged residence in a free state and a free federal territory had made him free. In a 7 to 2 decision issued on March 6, 1857, the Supreme Court rejected the suit and reached far beyond it, ruling that people of African descent were not and could not be citizens of the United States. The decision is widely regarded as one of the worst in the Court's history and was repudiated by the Thirteenth and Fourteenth Amendments.

birthright citizenship jus soli jus sanguinis 14th Amendment forced labor

Legal Issues

birthright citizenshipjus solijus sanguinis14th Amendmentforced labor

BrynoDC Coverage 2 videos


The Conclusion

By a vote of 7 to 2, Chief Justice Roger B. Taney wrote for the Court that people of African descent, whether enslaved or free, were not citizens under the Constitution and therefore could not sue in federal court, and that Congress had no power to prohibit slavery in the federal territories, which made the Missouri Compromise unconstitutional. Justices McLean and Curtis dissented. The ruling was repudiated by the Thirteenth Amendment, which abolished slavery, and the Fourteenth Amendment, whose Citizenship Clause was written to overturn it.

Court -
Filed -
CL StatusActive

No circuit court data for this case.

Cert Granted -
StatusActive
Filed (CL) -
SCOTUS TMR-d57f1a93 Jul 26, 2026

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    Moore v. United States (22-800)

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    Trump v. CASA Inc. (24A884)

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