1L Abbye Atkinson was very involved in putting together a recent conference. I’ll let her tell you about it:
“This past weekend, the Charles Hamilton Houston Institute for Race and Justice hosted a conference to commemorate the 150 anniversary of the Supreme Court’s ruling of Dred Scott v. Sandford. The name Dred Scott may evoke memories of high school U.S. History class where you might recall a brief reference to this landmark case as being one of the causes of the American Civil War. Indeed, the Dred Scott decision (in which the Supreme Court, in an opinion written by Chief Justice Roger Taney, held that African Americans, slave and free, could never be citizens of the US and ‘had no rights that the white man [was] bound to respect’) was a catalyst for the conflict which engulfed this country for four long and bloody years. However, Dred Scott is much more than a blip on our historical radar. It is a case rich with issues integral to how we have defined, do define and will define ourselves as Americans.
“Accordingly, the CHHIRJ, led by Executive Director, Professor Charles J. Ogletree, summoned some of the most engaging and brilliant minds (think Stephen Breyer, Cass Sunstein, Ahkil Amar, John Payton, etc.) across a range of disciplines and over one hundred elementary and secondary school teachers to gather in Austin Hall and to discuss not only the events which led to the Scott decision, but also to consider how the decision has profoundly shaped American jurisprudence and our current understanding of citizenship with its attendant rights and privileges.
“The most engaging part of the conference was its finale, a moot court re-argument of Scott v. Sandford. Before Supreme Court Justice Stephen Breyer and a panel of highly esteemed Federal Circuit Court judges, including Judge Harry T. Edwards of the DC Circuit Court of Appeals, a group of current legal scholars and lawyers presented various points of view on Dred Scott, and from varying legal, political and social perspectives, considered whether the decision was inevitable.
“One might imagine that such a re-evaluation of the issues within a 150 year old case would offer nothing more than an opportunity for reminiscence. However, 150 years on, the Dred Scott decision remains as fresh and as relevant as ever, encompassing (among other elements) constitutional issues of citizenship, jurisdiction, congressional power, and the role of international precedent and practice in American legal matters. In one particularly interesting panel, visiting HLS Professor Sarah Cleveland posited the notion that the Dred Scott decision is relevant to the current debate as to whether detainees in Guantanamo Bay are or should be entitled to seek legal redress within the US federal court system, and to what extent any subsequent privileges and remedies are or should be made available. Do we classify them as Chief Justice Taney did Dred Scott and African Americans generally, as having no rights that the United States is bound to respect? Or are we willing to extend rights guaranteed to US citizens to those who find themselves under the authority of the US government? What of immigration? How do we decide who may become a citizen and who may not? Dred Scott has much to say about this issue as well.
“Indeed, these are among several difficult problems whose correct answers remain elusive and yet to which the Dred Scott decision may be highly informative. Maybe more important than finding concrete solutions to these issues is our willingness to engage in discussions like those that this Dred Scott conference has facilitated and will continue to foster. Hopefully, those hundred or so teachers will carry this experience with them to their home schools, and will use the Dred Scott decision as a platform for educating and encouraging the next generation to think critically and creatively about solutions which will dignify and improve our nation and our world. Alas… another day at Harvard Law School!”