Source: Ludwig von Mises Institute
by Wanjiru Njoya
“If a judge could rule that state law in one state—or indeed five states—constitutes federal law governing all states, that would also be a recipe for judicial chaos. For example, by Curtis’s reasoning, the Southern states which have now banned abortion would be able to get federal courts to enforce that ban on Massachusetts, a state which permits abortion at any time until birth. One could, following Bass’s own reasoning, argue that the dissenting judges ‘ignored’ the fact that the doctrine of state sovereignty is particularly relevant and important on matters where the law differs between states. Examples abound of matters on which states strongly disagree, and which could similarly test the limits of state sovereignty and the legitimacy of federal intervention.” (09/29/26)
https://mises.org/mises-wire/how-conflicting-interpretations-dred-scott-undermine-state-sovereignty