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Benjamin R. Curtis, one of the two justices who dissented from the majority in Dred Scott v. Sanford, (1857) resigned from the US Supreme Court because of the outcome of that case.

Although John Marshall Harlan I wrote the better-known dissent, accurately predicting the negative consequences the Dred Scott decision would have on society, Curtis highlighted the flaws and false logic in Roger Taney's opinion supporting slavery.

Curtis argued African-Americans were citizens of several states at the time the Constitution was ratified, and went on to enumerate fourteen separate instances where Congress had passed legislation regulating slavery in the territories without challenge. Curtis concluded that Congress had established a precedent that was accepted practice, that the Missouri Compromise was therefore valid, and that the Court should have declared Scott a freeman.

Curtis, disillusioned by the Court capitulating to political pressure and frustrated by the animosity the between justices on either side of the Dred Scott decision, resigned his seat and returned to private practice in Boston.

Case Citation:

Dred Scott v. Sandford, 60 U.S. 393 (1857)

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Q: What US Supreme Court justice resigned in disgust over the majority opinion of a case?
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