Curtis' 67-page dissent argued that the Court's conclusion that black people could not be U.S. citizens was legally and historically baseless. He pointed out that at the time of the Constitution's adoption in 1789, black men could vote in five of the 13 states. Under the law, that made them citizens of both their individual states and of the United States. Curtis cited many state statutes and court decisions in support of his position. His dissent was "extremely persuasive", and it prompted Taney to delay issuing the decision for several weeks while he added 18 pages of rebuttal to the majority opinion.
Curtis' 67-page dissent argued that the Court's conclusion that black people could not be U.S citizens was legally and historically baseless. He pointed out that at the time of the Constitution's adoption in 1789, black men could vote in five of the 13 states. Under the law that made them citizens of both their individual states and of the United States. Curtis cited many state statutes and court decisions in support of his position. His dissent was "extremely persuasive" and it prompted Taney to delay issuing the decision for several weeks while he added 18 pages of rebuttal to the majority opinion.