The Wisdom and Courage of Justice Harlan

The Supreme Court of 1896

The 1896 Supreme Court Case Plessy v. Ferguson proved to be a monumental blunder for the Supreme Court on the level of the 1857 Dred Scott v. Sanford case. The black eye given by the case persists till this day and the Justices associated with the case have been widely repudiated by legal scholars, save one Justice who dissented in the case.

Justice Harlan

The Case of Plessy v. Ferguson involved a Louisianan man of mixed racial heritage who boarded a train designated as useable only by whites. It was against the law in Louisiana at the time to disobey the segregation that took place on transportation and all other manner of life. The man, Plessy, was arrested but challenged the constitutionality of the segregation put in place in Louisiana. The Supreme Court ruled against Plessy in a 7-1 decision in which the court stated that the segregated facilities were “separate but equal.” Many of the Justices cited the autonomy of the state to decide these laws as a reason for deciding against Plessy.

The Effects of the Plessy case

The one Justice who dissented in the case was Justice Harlan. It should be made clear that Justice Harlan was no huge promoter of the equality of races, saying in his dissent, “The white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievements, in education, in wealth and in power.” This statement shows that Justice Harlan himself held some views that would today be considered racist. However his decision to dissent in the case showed that he was remarkably progressive for his time in regards to civil rights. Harlan had the foresight to see that the case involving Plessy would later be seen negatively by historians. Many Justices wish to remain favorably in the eyes of historians in order to ensure that their legacy remains unsullied and Harlan accomplished this task. Harlan himself stated that the Plessy case would come to be seen as negatively as the Dred Scott case. Justice Harlan proved to be on the right side of history with his decision and is still honored to this day for it.