Neutral no more: Can the Supreme Court survive an era of extreme partisanship?

On February 23, 1857, Supreme Court Justice Robert Cooper Grier (my multi-great granduncle) wrote President-elect James Buchanan one of the most infamous letters in the history of American jurisprudence. In it, Justice Grier outlined for the incoming US chief executive the decision reached by the court in Dred Scott v. Sandford, a case in which an African-American slave had sued for his freedom on the grounds that he had lived for years in regions of the country where slavery was illegal. Mr. Buchanan had been meddling in the case for some time.

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