Funny thing happened in 1857. The US Supreme Court heard the case Dred Scott v. Sandford. Their ruling was that African Americans could never be considered citizens of the US, and that Congress could not prohibit the practice of slavery in the territories of the rapidly expanding United States. The decision was written by Roger B. Taney, the chief justice.
The Dred Scott decision was a poorly reasoned disaster that nationalized slavery, helped lead to the US Civil War, and is to this day considered the worst episode in the history of the Supreme Court. It was deservedly tossed into the garbage dump of history when the Union won the war and the Constitution was updated (13th and 14th amendments). The reputation of Roger Taney, chief justice and (up until then) widely respected legal mind, was tossed into the garbage at the same time, where it still is.
Funny thing happened in 2025. The US Supreme Court heard the case Trump v. CASA, Inc. It was about that same 14th amendment to the Constitution — the orange baby and its administration want to unilaterally reject that amendment, which guarantees citizenship to all “persons born or naturalized in the United States.” Their ruling was that the administration could go on ignoring that part of the Constitution, and by extension, whatever other parts the fascists don’t like. The decision was assigned to Amy Barrett by John G. Roberts, the chief justice. Roberts himself wrote the sycophantic opinion in Trump v. United States. That’s the one that places the orange baby above the law, where nobody was until John G. Roberts came along.
It’s too early to see the historic outcomes of that decision, and John Roberts already has a pretty scummy reputation, but what was left of it should, by rights, be tossed into the garbage dump of history. The only real question is whether he or Taney will be historically regarded as the worst ever to serve.
U.S. Supreme Court Chief Justice (1836-1864) Roger B. Taney
