Podcast Summary: This Guy Sucked – Roger B. Taney with Melissa Murray

Podcast: This Guy Sucked
Host: Dr. Claire Aubin (A)
Guest: Professor Melissa Murray (B), NYU Law, legal historian
Date: February 19, 2026
Episode Theme: A deep dive into the life, career, and historical legacy of Roger B. Taney, infamous for the Dred Scott decision and its lasting impact on the U.S. legal landscape and race relations.

Overview

This episode explores the career and catastrophic legacy of Roger B. Taney, Chief Justice of the U.S. Supreme Court whose most notorious action was delivering the Dred Scott decision—widely considered the worst Supreme Court ruling in American history. Host Claire Aubin teams up with legal expert Melissa Murray to unravel the legal and political choices that made Taney a pillar of injustice, as well as the enduring relevance of his decisions to current debates on citizenship and rights in America.

Key Discussion Points and Insights

1. Early Life and Career Path (04:44–12:43)

• Taney’s Background

  • Born into a wealthy, slaveholding, Catholic family in Maryland.
  • Not heir to the family plantation, so encouraged to go into law (05:20).
  • Married Anne Key, sister of Francis Scott Key (“Star-Spangled Banner”).

• Political Evolution

  • Started as a Federalist, shifted to Democratic-Republican when he supported the War of 1812—unusual among Federalists (05:50).
  • Became a staunch supporter of Andrew Jackson and helped run Jackson’s Maryland campaign (07:00).

• Rise to Power

  • Jackson appoints Taney Attorney General after the chaotic “Petticoat Affair.” Taney’s loyalty pivotal for Jackson, even as he becomes the first cabinet nominee ever rejected by Senate for Treasury Secretary (12:06).
  • Eventually, Jackson nominates Taney as Chief Justice following John Marshall’s death.

Notable Quote:

“His rise in the Jackson White House is due in large part to some true Regina George mean girl BS… the Petticoat Affair.”
—Melissa Murray, (07:10)

2. Taney’s Judicial Philosophy and Approach (16:39–19:41)

• From Federal Power to States’ Rights

  • Succeeds John Marshall as Chief Justice in 1836 (16:39).
  • Known for shifting the Supreme Court from Marshall’s “broad federal power” perspective to one focused on states’ sovereignty, especially regarding slavery.
  • This pivot set the stage for the sectional crisis around slavery and ultimately Civil War.

• On Slavery and Consistency

  • Taney manumitted inherited slaves and paid pensions to the elderly (20:58), making him complex but not an abolitionist.
  • He saw slavery as a states’ issue insulated from federal intervention, blaming growing abolitionist sentiment for national division.

Notable Quote:

“He’s not super consistent on when the state or the federal government should take [power]; the one common denominator does seem to be slavery.”
—Melissa Murray, (20:58)

3. Taney Court and Key Cases Pre-Dred Scott (22:45–29:50)

• Fugitive Slave Act & Struggle Between State and Federal Power
  • Constitution’s Article 4 embedded protections for slavery—relevant in cases like Prigg v. Pennsylvania (1842), where federal law was found to override state attempts to hinder slave recapture.
  • Decisions like Strader v. Graham (1851) and Moore v. Illinois (1852) reinforced that slave status followed state law—even in free territories; consistently, these rulings buttressed slavery.

Notable Summary (28:46):

“Once the court starts licensing this, more and more states start doing it... The building up of this apparatus of essentially accommodating slavery is tearing the country apart.”

4. The Dred Scott Decision: Origins and Catastrophe (30:15–55:11)

Background (31:03–37:40)

• Missouri Compromise (1820) and Dred Scott’s Path
  • Missouri admitted as slave state, Maine as free; slavery banned north of 36°30’.
  • Dred Scott, after living in free Wisconsin territory, sued for freedom under “once free, always free” precedent.

Supreme Court Ruling (37:40–55:11)

• Taney’s Majority Opinion

  • Ruled that Dred Scott, and all black people descended from enslaved Africans, could never be citizens of the US—foreclosing their right to sue in federal courts (39:04).
  • Went further: declared the Missouri Compromise unconstitutional, denying Congress authority to regulate slavery in territories—vastly expanding pro-slavery doctrine.
  • Used the 5th Amendment’s due process clause to assert any federal restriction on slavery was an unconstitutional taking of property (48:49).

• Historical and Contemporary Relevance

  • The Dred Scott ruling is a foundational example of the “constitutional anti-canon”—cases regarded as clear disasters (39:04).
  • Taney’s “originalist” justification was both factually and morally indefensible given contemporaneous realities (52:22).

Notable Quotes:

“There is no right that the black man could have that the white man is obliged to respect. I mean, these are things that he actually says...”
—Melissa Murray, (39:04)

“He should have put the pen down [after the jurisdiction question], but he decides he would like to go further and say a few more things.”
—Melissa Murray, (43:13)

“This decision… fuels this drive toward war, and it makes compromise…out of the question.”
—Melissa Murray, (55:11)

5. Legacy and Ongoing Impact (57:21–60:06)

• Aftermath

  • Dred Scott inflamed national tensions, diminished the Supreme Court’s legitimacy, and hastened the Civil War.
  • Even after devastating the nation, Taney remained Chief Justice until his 1864 death, but was increasingly marginalized (57:21).

• Memory and Modern Parallels

  • Taney’s busts have been removed from public spaces; he remains a symbol of the judiciary at its worst (58:44).
  • Current disputes over birthright citizenship and the 14th Amendment are direct repudiations of Dred Scott’s legacy, making Taney relevant in ongoing national debates (59:40).

Memorable Exchanges:

• “Congress doesn't have to pass three whole amendments to remedy the crap you did at work.”
  —Melissa Murray, (59:29)

• “There are people in our government who are arguing that we should basically make Dred Scott great again…”
  —Melissa Murray, (59:40)

Notable Quotes and Moments (with Timestamps)

• On Taney’s Legacy:

  “We’re not really updating his legacy. We just want to make sure everyone knows how much this guy sucked and how, like, to this day, we hate him and will continue to do so.”
  —Claire Aubin (58:44)

• On the Consequences of His Rulings:

  “He really went out of his way to paint Black people, enslaved people, with a really broad brush of some racism in Dred Scott. And I think no matter what he did later…it's good reason why he sucks.”
  —Melissa Murray (58:58)

• On Modern Resonance:

  “If I do a bad podcast episode, I’m getting a mean review or two on Apple Podcasts. … Congress doesn’t have to pass three whole amendments to remedy the crap you did at work.”
  —Melissa Murray (59:18–59:29)

Timestamps for Key Segments

• Taney’s Political Rise and Jacksonian Ties: 04:44–12:43
• Taney’s Legal Philosophy and States’ Rights: 16:39–19:41
• The Fugitive Slave Act Cases: 22:45–29:50
• Dred Scott Case Background: 30:15–37:40
• Supreme Court Decision and Impact: 37:40–55:11
• Legacy and Present-Day Parallels: 57:21–60:06

Conclusion

This episode provides a sharp, irreverent, and uncompromising look at Roger B. Taney’s role in entrenching white supremacy and slavery in U.S. law. Melissa Murray and Claire Aubin chart how his choices in Dred Scott not only stained his legacy but continue to reverberate in the highest stakes debates over citizenship and civil rights. Listeners are left with an urgent reminder: understanding these historical failures is essential, because echoes of Taney’s decisions still threaten justice today.