Supreme Court nominee Jackson does not recall “quite the basis” for the Dred Scott decision

Judge Ketanji Brown Jackson, who nominated President Biden to the Supreme Court to give the first black female justice, admitted on Tuesday that she could not recall the basis for the famous Dred Scott decision, which was issued in 1857. said that a black person had been her ancestor. Slaves could not be an American citizen.

The case came to light during Jackson’s confirmation hearing Tuesday, when she faced question from Sen. John Cornyn, R-Texas. Cornyn challenged the concept of the substantive due process, a legal doctrine used to extend the constitutional process clause to protect certain rights not listed in the Constitution.

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“Why is not a substantial process just another way for judges to hide their policies under the guise of the Constitution,” Cornyn said, criticizing the doctrine.

Earlier, Cornyn referred to the Scott case being cited as “a product of the substantial due process”. The case was brought by Dred Scott, a slave who left Missouri and went to Illinois, where slavery was illegal. On his return to Missouri, Scott sued, claiming that he was freed by moving to a state where he could not be a slave. The Supreme Court ruled against him that he had no standing to bring the case in the first place, but also that Scott was allowed to freely deprive his owner – Scott himself – without legal action.

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Answering Cornyn’s question about substantive due process, Jackson described the doctrine itself, noting that justice “interpreted that not only procedural rights relative to government action, but also the protection of certain personal rights related to intimacy and autonomy.

Jackson noted that this includes the rights to raise children, to travel, to marry, to marry another race, to have an abortion, and to use prevention.

“Treat slaves as free property,” Cornyn interjected, quoting Scott Fall.

“I do not quite remember the basis for Dred Scott’s opinion,” Jackson said, adding that she trusted Cornyn’s opinion.

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While the substantive fair trial was the basis for the court justification that they could not deprive a slave owner of the property by considering the slave as free, the basis of the decision was that even former slaves could not be sued in federal court, because they could not be. US citizens.

The Scott case was effectively annulled with the ratification of the Fourteenth Amendment, which states that all people born or naturalized in the United States are citizens.