In 1846 Scott sued for his freedom in court. Helped by Abolitionist lawyers, he claimed that he was free because he had lived in free states for a long time. The defense claimed that Dr. Emerson was forced to move to the Wisconsin territory because he served with the United States Army. He should be able to keep his property. The presiding judge, Roger B. Taney, decided that Scott was not free and he did not have a right to sue. Furthermore, he stated that Congress could not make laws prohibiting slavery in United States territories. This was the majority opinion with seven out of nine Justices agreeing.