Workaround for Dredd Scott decision

[NHBL]

I was thinking of a workaround for the Dredd Scott decision. In any state, if you have something illegal, it is confiscated without compensation. If you are a smuggler with smuggled goods, and the state catches you with them, you lose them; no compensation, even if the goods are legal elsewhere.
So, could a state pass a law saying that slaves are illegal to own, transport, or store within its borders, much like some outlawed alcohol in a later time?

Now, the slaves can be legally confiscated, and the owners jailed, if the state is so inclined. State's Rights! (A doctrine that the south was very opportunistic on, insisting on states rights when it supported slavery, and very much against when a state did something against slavery.)

If the laws get voided, then anyone will be able to transport anything that's legal in one sate, anywhere in the union, even if it's not legal elsewhere.

 

[Kitiem3000]

I have no idea how viable a work-around it is, but it seems legally consistent at least. If nothing else it will probably work it's way back to the supreme court and cause a lot of stress headaches on the way.

 

[mrmandias]

That was going to be the next legal issue, which was working its way up through the courts when the Civil War broke out

 

[NHBL]

That was going to be the next legal issue, which was working its way up through the courts when the Civil War broke out

That, I did not know. How much earlier, assuming that butterflies don't start the succession votes earlier as well, would it take for it to work its way to the supreme court? That could be an interesting POD--either the case, or a similar one, gets to court earlier, or the court puts a rush on it. That could even influence the 1860 elections.