Justice Harlans Dissenting Opinion in Plessy v. Ferguson

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The case Plessy v. Ferguson (1896) is one of the most famous landmark cases in United States history. The rule was a 7-1 vote (one justice did not participate) that ruled in favor of Ferguson or the state of Louisiana. The one judge who voted in favor of Homer Plessy was named Justice Harlans. 

Justice Harlan's opinion is one of the most famous dissenting opinions in United States history. Along with his deception opinion in the civil rights cases of 1883, this opinion earned him the nickname "the great decenter". Justice Harlan's dissenting opinions paved the way for the supreme court to eventually overturn Plessy v. Ferguson in Brown v. Board of Education. 


Justice Harlan's descent reiterated what was stated in the 13th amendment. He argued that the 13th amendment did more than abolish slavery. He argued that the 13th amendment also abolished the “badges and incidents” of slavery as well. He wrote that the 13th amendment ordered civil freedom in America. 

Harlan said, “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.” He argued that both the 13th and 14th amendments protected African Americans against segregation. He believed that constitutional rights should be applied to any American no matter their skin color. 


Harlans went on to say that "The arbitrary separation of citizens on the basis of race, while they are on a public highway, is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the Constitution. It cannot be justified upon any legal grounds." Harlans argued again that this Louisiana Law was contrary to the 13th amendment. 

"The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved." Harlans passionately argued that the law is not subjective to race. He believed that the 13th and 14th amendments were enough to grant ALL people not only citizenship but equality to the white man. 



In my opinion, I think that Justice Harlan's basis in his dissent is interesting. He seemed to have argued that the Louisiana law violated the 13th amendment, as opposed to the common argument about the 14th amendments relation to this case. 



Sources:

https://www.thinkwy.org/post/justice-harlans-imperishable-dissent-in-plessy-v-ferguson 

https://louisville.edu/law/library/special-collections/the-john-marshall-harlan-collection/harlans-great-dissent 




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