In other words, Judge McBurney’s decision correctly portrays Dobbs as a precise analogue to the morally reprehensible Supreme Court decision in Dred Scott, which held that the original U.S. Constitution had no guarantee of the liberty rights of Black slaves. Either one thinks Dred Scott was profoundly wrongly decided or one thinks that the original U.S. Constitition permitted state legislatures to totally disregard Black people’s basic right to liberty. 5/