

This Whig justice issued a fiery dissent in the Dred Scott case, defending Black citizenship and condemning the court's pro-slavery ruling.
Benjamin Robbins Curtis stood apart on the antebellum Supreme Court. A Harvard-trained lawyer from Massachusetts, he was the first justice to hold a formal law degree, bringing a new rigor to the bench. His tenure, though short, was defined by a single, seismic act: his dissent in Dred Scott v. Sandford. In 1857, as the court's majority ruled that African Americans could not be citizens and that Congress could not ban slavery in territories, Curtis penned a meticulous, scathing rebuttal. He argued from historical precedent that free Black men had been citizens at the nation's founding and assailed the decision as a political overreach. The controversy contributed to his resignation later that year. He returned to a lucrative private practice, where he notably defended President Andrew Johnson during his impeachment trial, cementing his legacy as a man of principle who placed law above the political tempests of his age.
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He was the only Whig Party member ever to serve on the United States Supreme Court.
He resigned from the Supreme Court in part due to the backlash from his Dred Scott dissent and disagreements with Chief Justice Taney.
His brother, George Ticknor Curtis, was also a prominent lawyer and authored a two-volume biography of Daniel Webster.
“When a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under the government of individual men, who for the time being have power to declare what the Constitution is, according to their own views of what it ought to mean.”