Silly me. I couldn’t understand why on earth Bush mentioned the Dred Scott decision last night. I put it on my list of three informative moments from the debate, but only because, as I said, it seemed to me to provide an answer to the question, does Bush not know what’s in the Constitution, or does he just not care? (My reasoning being that in both cases there is a fairly straightforward constitutional argument in support of the decisions he mentioned, whether you agree with it or not, and therefore neither is a remotely plausible candidate for the title ‘decision requiring judges to interject their personal opinions’.) The Dred Scott example raised some other minor questions — did Bush think that slavery was likely to be an issue in this race? If not, why mention Dred Scott? And why would someone who knew enough to be able to mention Dred Scott not also know that at the time the Constitution did allow slavery, which is why we needed the 13th Amendment? But at bottom I thought it was just another bizarre Bush moment, like his reference to medicines from ‘a third world’.
Boy, was I wrong. It turns out that ‘Dred Scott’ is actually code for ‘Roe v. Wade’. From Paperwight (the first link):
“Some people seem to be a bit boggled by Bush’s Dred Scott remark last night. It wasn’t about racism or slavery, or just Bush’s natural incoherence. Here’s what Bush actually said:
If elected to another term, I promise that I will nominate Supreme Court Justices who will overturn Roe v. Wade.
Bush couldn’t say that in plain language, because it would freak out every moderate swing voter in the country, but he can say it in code, to make sure that his base will turn out for him. Anti-choice advocates have been comparing Roe v. Wade with Dred Scott v. Sandford for some time now. There is a constant drumbeat on the religious right to compare the contemporary culture war over abortion with the 19th century fight over slavery, with the anti-choicers cast in the role of the abolitionists.”
And you know what? Paperwight is right. Here are a few quotes: