Dred Again: Originalism's Forgotten Past

Christopher L. Eisgruber

Constitutional commentary · 1993 · 10 citations · 0 references

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2 Scalia observes that Roger Taney's portrait at Harvard looks downcast, even gloomy.The Justice has an explanation: "those of us who know how the lustre of his great Chief Justiceship came to be eclipsed by Dred Scott cannot help believing that he had that case-its already apparent consequences for the Court, and its soon-to-be-played-out consequences for the Nation-burning on his mind."3The jurisprudential sins of judges are, apparently, visited on their portraits.4Scalia's story has a moral: the Casey majority should fear for its portraits, because Casey is, simply put, Dred Again.