He alluded to a then-pending Supreme Court case, Dred Scott v. Sandford, which he said would permanently settle the issue of slavery. Dred Scott was a slave who was temporarily taken from a slave state to a free territory by his owner, John Sanford (the court misspelled his name). After Scott returned to the slave state, he filed a petition for his freedom based on his time in the free territory. The Dred Scott decision, rendered after Buchanan's speech, denied Scott's petition in favor of his owner.[40]

Associate Justice Robert C. Grier leaked the decision of the "Dred Scott" case early to Buchanan. In his inaugural address Buchanan declared that the issue of slavery in the territories would be "speedily and finally settled" by the Supreme Court.[41]  According to historian Paul Finkelman: Buchanan already knew what the Court was going to decide. In a major breach of Court etiquette, Justice Grier, who, like Buchanan, was from Pennsylvania, had kept the President-elect fully informed about the progress of the case and the internal debates within the Court. When Buchanan urged the nation to support the decision, he already knew what Taney would say. 